Opinion
NO. 12-12-00022-CV
02-29-2012
ALLEN YOUNG a/k/a BRITTNEYNICOLE YOUNG, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEAL FROM THE 87TH
JUDICIAL DISTRICT COURT
ANDERSON COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
This pro se in forma pauperis appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 42.3(c). The judgment in this case was signed on December 14, 2011. Appellant timely filed a notice of appeal that failed to contain the information required by Texas Rules of Appellate Procedure 9.5 and 25.1(e), i.e., a certificate of service showing service on all parties to the trial court's judgment. The notice of appeal also designates the incorrect appellate court.
On January 11, 2012, Appellant was notified pursuant to Texas Rule of Appellate Procedure 37.1 that the notice of appeal was defective for failure to comply with Rules 9.5 and 25.1(e) and for failure to designate the correct appellate court. Appellant was further notified that unless he filed an amended notice of appeal on or before February 10, 2012, the appeal would be referred to the court for dismissal. See TEX. R. APP. P. 42.3(c). The deadline for filing an amended notice of appeal has passed, and Appellant has not corrected the defective notice of appeal. Accordingly, the appeal is dismissed for failure to comply with the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 42.3(c); Feist v. Berg, No. 12-04-00004-CV, 2004 WL 252785, at *1 (Tex. App.-Tyler Feb. 11, 2004, pet. denied); Feist v. Hubert, No. 12-03-00442-CV, 2004 WL 252285, at *1 (Tex. App.-Tyler Feb. 11, 2004, pet. denied).
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(PUBLISH)
FEBRUARY 29, 2012
NO. 12-12-00022-CV
ALLEN YOUNG a/k/a BRITTNEY NICOLE YOUNG, Appellant
v.
THE STATE OF TEXAS, Appellee
Appeal from the 87th Judicial District Court
of Anderson County, Texas. (Tr.Ct.No. 87-11483)
THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court the appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance.
By per curiam opinion.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.