Lawrence Edward Thompson v. Michael W. Countz ( 2003 )

MARY'S OPINION HEADING NO. 12-03-00082-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

LAWRENCE EDWARD THOMPSON,

§ APPEAL FROM THE THIRD

APPELLANT

V.

§ JUDICIAL DISTRICT COURT OF

MICHAEL W. COUNTZ, ET AL.,

APPELLEES

§ HOUSTON COUNTY, TEXAS

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MEMORANDUM OPINION PER CURIAM

This pro se 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 February 3, 2003. Thereafter, on February 28, 2003, 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 March 26, 2003, 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 April 25, 2003, the appeal would be referred to the court for dismissal. Tex. R. App. P. 42.3.

On April 4, 2003, Appellant filed an amended notice of appeal, which did not include a certificate of service as required by Rule 25.1(e). Since Appellant has failed 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 April 30, 2003.

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

(PUBLISH)