Herbert Feist v. Glenna Hubert ( 2004 )

MARY'S OPINION HEADING NO. 12-03-00442-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

HERBERT FEIST,

§ APPEAL FROM THE 87TH

APPELLANT

V.

§ JUDICIAL DISTRICT COURT OF

GLENNA HUBERT, ET AL.,

APPELLEES

§ ANDERSON 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 December 8, 2003. Thereafter, on December 22, 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 January 6, 2004, 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 February 4, 2004, the appeal would be referred to the court for dismissal. Tex. R. App. P. 42.3.

On January 20, 2004, Appellant failed an amended notice of appeal, but failed to correct the defect. Therefore, this appeal is dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 42.3(c).

Opinion delivered February 11, 2004.

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

(PUBLISH)