Opinion
NO. 12-12-00034-CV
02-29-2012
ROY OWENS, d/b/a ROCA CONSTRUCTION COMPANY, APPELLANT v. THE HOUSING A UTHORITY OF THE CITY OF SAN AUGUSTINE, LAFHER COULTER, BRENDA HALL, AND PAT DISMUKES, APPELLEES
APPEAL FROM THE 1ST
JUDICIAL DISTRICT COURT
SAN AUGUSTINE 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(c). The judgment in this case was signed on September 29, 2011, and Appellant filed a motion for new trial. On December 28, 2011, Appellant timely filed a notice of appeal in the trial court, which was received by this court on January 19, 2012. The notice of appeal 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 January 19, 2012, 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). He was further notified that unless he filed an amended notice of appeal on or before February 20, 2012, the appeal would be referred to the court for dismissal. See TEX. R. APP. P. 42.3(c). The deadline for filing an amended notice of appeal has passed, and Appellant has not corrected his defective notice of appeal. Accordingly, the appeal is dismissed for failure to comply with the Texas Rules of Appellate Procedure. 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); Feist v. Hubert, No. 12-03-00442-CV, 2004 WL 252285, at *1 (Tex. App.-Tyler Feb. 11, 2004, pet. denied). Opinion delivered February 29, 2012. Panel consisted of Worthen, C.J., and Griffith, J., and Hoyle, J.
(PUBLISH)
NO. 12-12-00034-CV
ROY OWENS, d/b/a ROCA CONSTRUCTION COMPANY, Appellant
v.
THE HOUSING AUTHORITY OF THE CITY OF SAN AUGUSTINE, LAFHER COULTER, BRENDA HALL, AND PAT DISMUKES, Appellees
Appeal from the 1st Judicial District Court
of San Augustine County, Texas. (Tr.Ct.No. CV-11-9274)
THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court the 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., Griffith, J., and Hoyle, J.