Sharonda Shepherd v. Tower Village Appeal from County Court at Law of Nacogdoches County (memorandum opinion per curiam)
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NO. 12-16-00229-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS SHARONDA SHEPHERD, APPELLANT § APPEAL FROM THE V. § COUNTY COURT AT LAW TOWER VILLAGE, APPELLEE § NACOGDOCHES COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 42.3. The judgment in this case was signed on August 10, 2016. On the same date, Appellant filed a notice of appeal that failed to contain the information required by Texas Rules of Appellate Procedure 9.5 and 25.1(e), i.e., a certificate of service showing service on all parties to the trial court’s judgment. On August 10, 2016, Appellant was notified pursuant to Texas Rule of Appellate Procedure 37.1 that the notice of appeal was defective for failure to comply with Rules 9.5 and 25.1(e). She was further notified that unless she filed an amended notice of appeal on or before August 20, 2016, the appeal would be referred to the Court for dismissal. See TEX. R. APP. P. 42.3(c). On August 12, 2016, Appellant filed an amended notice of appeal, but did not correct the defect identified in this Court’s August 10, 2016 notice. By letter dated August 12, 2016, Appellant was notified that her amended notice of appeal failed to comply with Rules 9.5 and 25.1(e). She was informed that unless she filed a proper notice of appeal on or before August 22, 2016, the appeal would be referred to the Court for dismissal. The deadline for filing an amended notice of appeal has passed, and Appellant has failed to file a proper notice of appeal or otherwise respond to the August 12, 2016 notice. Moreover, by letter dated August 10, 2016, Appellant was notified that the filing fee in this appeal is due. See TEX. R. APP. P. 5. Appellant was informed that failure to remit the filing fee on or before August 20, 2016, would result in the Court’s taking appropriate action, including dismissal of the case without further notice. See TEX. R. APP. P. 42.3(c). The August 10, 2016 deadline has passed, and Appellant has not remitted the filing fee. Because Appellant has failed, after notice, to comply with Rules 5, 9.5, and 25.1(e), the appeal is dismissed. See TEX. R. APP. P. 42.3(c); Feist v. Berg, No. 12-04-00004-CV, 2004 WL 252785, at *1 (Tex. App.-Tyler Feb. 11, 2004, pet. denied) (dismissing for failure to file amended notice of appeal to include certificate of service). Opinion delivered September 7, 2016. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. (PUBLISH) 2 COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT SEPTEMBER 7, 2016 NO. 12-16-00229-CV SHARONDA SHEPHERD, Appellant V. TOWER VILLAGE, Appellee Appeal from the County Court at Law of Nacogdoches County, Texas (Tr.Ct.No. CV1613733) THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court that this appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.
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