George A. Hall v. the County of Anderson , 2015 Tex. App. LEXIS 5123 ( 2015 )

NO. 12-15-00090-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
GEORGE A. HALL, § APPEAL FROM THE 349TH
APPELLANT
V. § JUDICIAL DISTRICT COURT
THE COUNTY OF ANDERSON,
APPELLEE § ANDERSON COUNTY, TEXAS
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 trial court’s judgment was signed on
March 23, 2015. Thereafter, 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.
On April 10, 2015, 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 of appellate
procedure 9.5 and 25.1(e). He was further notified that unless he filed a proper notice of appeal
on or before May 11, 2015, the appeal would be referred to the court for dismissal. See TEX. R.
APP. P. 42.3.
On May 8, 2015, Appellant filed a certificate of service showing that his notice of appeal
had been sent to the clerk of the 349th District Court, Anderson County, Texas. However, this
does not comply with Rules 9.5 and 25.1(e). On May 18, 2015, Appellant filed an amended
notice of appeal. However, the certificate of service shows that he sent the notice of appeal to
Appellee’s attorney at the Anderson County District Clerk’s Office in Palestine, Texas, instead
of to the attorney’s mailing address in Waco, Texas. Consequently, Appellant has not shown
that he has served Appellee with a copy of his notice of appeal. See TEX. R. APP. P. 9.5, 25.1(e).
Therefore, this appeal is dismissed for failure to comply with the Texas Rules of Appellate
Procedure. See TEX. R. APP. P. 42.3(c). All pending motions are dismissed as moot.
Opinion delivered May 20, 2015.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
(PUBLISH)
2
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
MAY 20, 2015
NO. 12-15-00090-CV
GEORGE A. HALL,
Appellant
V.
THE COUNTY OF ANDERSON,
Appellee
Appeal from the 349th District Court
of Anderson County, Texas (Tr.Ct.No. 349-7331)
THIS CAUSE came to be heard on the appellate record; and the same
being considered, it is the opinion of this court that this appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this court that
this appeal be, and the same is, hereby dismissed for failure to comply with the Texas Rules of
Appellate Procedure; and that this decision be certified to the court below for observance.
By per curiam opinion.
Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.