Robert Bonner v. State ( 2012 )

IN THE
TENTH COURT OF APPEALS
No. 10-12-00060-CV
ROBERT BONNER,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 413th District Court
Johnson County, Texas
Trial Court No. C200700320
MEMORANDUM OPINION
On February 21, 2012, this Court sent appellant, Robert Bonner, a letter
informing him that his notice of appeal in this matter contained several deficiencies,
including a failure to comply with Texas Rule of Appellate Procedure 25.1. See TEX. R.
APP. P. 25.1. In response to our letter, on March 2, 2012, Bonner filed a five-page
document addressing the deficiencies. However, in reviewing his March 2, 2012 filing,
we notice that Bonner did not include proof that he served his filing on all parties to the
trial court’s final judgment, as required by Texas Rule of Appellate Procedure 25.1(e).
See id. at R. 25.1(e) (“The notice of appeal must be served on all parties to the trial
court’s final judgment or, in an interlocutory appeal, on all parties to the trial court
proceeding.”); see also id. at R. 9.5(a) (“At or before the time of a document’s filing, the
filing party must serve a copy on all parties to the proceeding.”), (d) (“A document
presented for filing must contain a proof of service in the form of either an
acknowledgement of service by the person served or a certificate of service.”). As we
noted in our February 21, 2012 letter, Bonner’s failure to file a compliant notice of
appeal within 21 days of our letter “will result in the dismissal of his appeal without
further notification for failure to comply with this order or notice from the Clerk.” See
id. at R. 42.3(c). Because Bonner’s notice of appeal still is not compliant with Texas Rule
of Appellate Procedure 25.1, we dismiss his appeal in this matter. See id.
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed March 21, 2012
[CV06]
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