Larry G. Carpenter and Laverne Carpenter v. Arp State Bank--Appeal from County Court at Law No 2 of Smith County

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MARY'S OPINION HEADING NO. 12-01-00355-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

LARRY G. CARPENTER AND

LAVERNE CARPENTER,

 
APPEAL FROM THE

APPELLANTS

 

V.

 
COUNTY COURT AT LAW NO. 2 OF

ARP STATE BANK,

APPELLEE

 
SMITH COUNTY, TEXAS
PER CURIAM

This 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 October 22, 2001. Thereafter, on November 19, 2001, 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.

Thus, on December 20, 2001, 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 January 21, 2002, the appeal would be referred to the court for dismissal. Tex. R. App. P. 42.3.

In accordance with this court's notice, Appellant filed an amended notice of appeal on January 17, 2002. That notice, however, was also defective in that it still failed to comply with Rule 25.1. Since Appellant has persisted in failing 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 January 23, 2002.

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

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