Anthony Wayne White v. Polly A. Peyton, T.D.C.J.-I.D and The State of Texas--Appeal from 87th District Court of Anderson County

NO. 12-07-00113-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

ANTHONY WAYNE WHITE, APPEAL FROM THE 87TH

APPELLANT

V. JUDICIAL DISTRICT COURT OF

POLLY A. PEYTON, T.D.C.J.-I.D.

AND THE STATE OF TEXAS, ANDERSON COUNTY, TEXAS

APPELLEES

MEMORANDUM OPINION

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 this case was signed on January 31, 2007. Appellant timely filed a motion for new trial and on March 6, 2007 filed a notice of appeal that failed to contain the information required by Texas Rule of Appellate Procedure 25.1(e), i.e., a certificate of service showing service on all parties to the trial court s judgment.

On March 20, 2007, 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 a proper notice of appeal on or before April 19, 2007, the appeal would be referred to the court for dismissal. See Tex. R. App. P. 42.3(c). On April 23, 2007, Appellant filed an amended notice of appeal, but did not correct the defect. Accordingly, the appeal is dismissed for failure to comply with the Texas Rules of Appellate Procedure. See id.

BRIAN HOYLE

Justice

Opinion delivered May 16, 2007.

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

(PUBLISH)