Michael Austin v. Bobby W. Burns ( 2001 )

MARY'S OPINION HEADING NO. 12-01-00286-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MICHAEL AUSTIN,

§ APPEAL FROM THE 369TH

APPELLANT

V.

§ JUDICIAL DISTRICT COURT OF

BOBBY W. BURNS, ET AL.,

APPELLEES

§ ANDERSON COUNTY, TEXAS

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PER CURIAM

This pro se in forma pauperis appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 42.3(c). The judgment in the instant case was signed on September 28, 2001. Thereafter, on October 17, 2001, Appellant filed a notice of appeal which failed to contain the information required by Rule 25.1(e), i.e. a certificate of service showing service on all parties to the trial court's judgment.

On October 23, 2001, Appellant was notified pursuant to Tex. R. App. P. 37.1, that the notice of appeal was defective for failure to comply with Rule 25.1(e). He was further notified that unless he filed a corrected notice of appeal on or before November 26, 2001, the appeal would be referred to the court for dismissal. Tex. R. App. P. 42.3.

In accordance with this Court's notice, Appellant filed an amended notice of appeal on November 2, 2001. That notice, however, was also defective in that it still failed to comply with Rule 25.1(e). Since Appellant has persisted in failing to correct his defective notice of appeal after notice, the appeal is dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 42.3(c).

Opinion delivered November 30, 2001.

Panel consisted of Davis, C.J., Worthen, J., and Griffith, J.  

(DO NOT PUBLISH)