Glenn Ray Macks v. John DeNoyelles, et al--Appeal from 7th District Court of Smith County

MARY'S OPINION HEADING NO. 12-02-00301-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

GLENN RAY MACKS,

 
APPEAL FROM THE 7TH

APPELLANT

 

V.

 
JUDICIAL DISTRICT COURT OF

JOHN DENOYELLES, ET AL.,

APPELLEES

 
SMITH COUNTY, TEXAS
MEMORANDUM OPINION (1)

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 September 25, 2002. Thereafter, on October 17, 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.

On October 22, 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 November 21, 2002, the appeal would be referred to the court for dismissal. Tex. R. App. P. 42.3.

On November 6, 2002, Appellant filed an amended notice of appeal, which included a "certificate of service" stating that Appellant had mailed the notice of appeal to the Smith County Courthouse. However, this "certificate of service" does not comply with the requirements of Rule 25.1. Since 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 November 20, 2002.

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

 
(DO NOT PUBLISH)

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