Leslie R. Foster v. The State of Texas--Appeal from 3rd District Court of Anderson County

NO. 12-04-00116-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

LESLIE R. FOSTER,   ' APPEAL FROM THE THIRD

APPELLANT

V.   ' JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   ' ANDERSON COUNTY, TEXAS

MEMORANDUM 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 February 6, 2004. Appellant filed a motion for new trial on March 5, 2004, and a notice of appeal on April 12, 2004. The notice of appeal 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 April 13, 2004, Appellant was notified pursuant to Texas Rule of Appellate Procedure 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 May 13, 2004, the appeal would be referred to the court for dismissal. Tex. R. App. P. 42.3.

On April 20, 2004, Appellant filed a second notice of appeal, but failed to correct the defect. 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 May 19, 2004.

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

(PUBLISH)