Michael A. Magoon v. Mary A. Garcia, et al--Appeal from 4th District Court of Rusk County

MARY'S OPINION HEADING NO. 12-02-00114-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

MICHAEL A. MAGOON,

 
APPEAL FROM THE FOURTH

APPELLANT

 

V.

 
JUDICIAL DISTRICT COURT OF

MARY R. GARCIA, ET AL.,

APPELLEES

 
RUSK COUNTY, TEXAS
MEMORANDUM OPINION (1)

This pro se in forma pauperis 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 March 13, 2002. Thereafter, on April 10, 2002, 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 after receiving the clerk's record, on April 23, 2002, 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 May 23, 2002, the appeal would be referred to the court for dismissal. Tex. R. App. P. 42.3.

As of May 30, 2002, Appellant had not filed an amended notice of appeal. Since Appellant has failed to correct his defective notice of appeal after notice from this court, the appeal is dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 42.3(c).

Opinion delivered May 31, 2002.

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

 
DO NOT PUBLISH

1. See Tex. R. App. P. 47.1.