Patrick Eugene Malley, Sr. v. Barbara Malley--Appeal from 349th District Court of Anderson County

MARY'S OPINION HEADING NO. 12-03-00352-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

PATRICK EUGENE MALLEY, SR.,

 
APPEAL FROM THE 349TH

APPELLANT

 

V.

 
JUDICIAL DISTRICT COURT OF

BARBARA MALLEY,

APPELLEE

 
ANDERSON COUNTY, TEXASMEMORANDUM OPINION
PER CURIAM

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 October 13, 2003. Thereafter, on October 20, 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 October 23, 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 an amended notice of appeal on or before November 24, 2003, the appeal would be referred to the court for dismissal. Tex. R. App. P. 42.3.

The deadline in the Court's notice has passed, and Appellant has neither responded to the notice nor corrected his defective notice of appeal. Therefore, 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 26, 2003.

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

 
(PUBLISH)