Spencer C. Parker v. T.D.C.J.-I.D.

MARY'S OPINION HEADING NO. 12-03-00029-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

  SPENCER C. PARKER,

§ APPEAL FROM THE 87TH

APPELLANT

V.

§ JUDICIAL DISTRICT COURT OF

T.D.C.J.-I.D., 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 January 13, 2003. Thereafter, on January 27, 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 28, 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 February 27, 2003, the appeal would be referred to the court for dismissal. Tex. R. App. P. 42.3.

On February 3, 2003, Appellant filed another notice of appeal but did not correct the defect. Consequently, because 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 February 28, 2003.

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

PUBLISH