Anne McCaleb v. Antoniette Descisciolo and Robert Rozean

• Court: Court of Appeals of Texas
• Decided: May 18, 2005
• Docket: 12-05-00122-CV
• Status: Published

Opinion

                     NO. 12-05-00122-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

ANNE MCCALEB,                                            §     APPEAL FROM THE 7TH

APPELLANT

V.                                                                         §     JUDICIAL DISTRICT COURT OF

ANTONIETTE DESCISCIOLO

AND ROBERT ROZEAN,                                 §     SMITH COUNTY, TEXAS

APPELLEES

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MEMORANDUM OPINION

PER CURIAM

            This pro se appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 42.3(c). On March 14, 2005, Appellant filed a notice of appeal that 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, 2005, 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). She was further notified that unless she filed an amended notice of appeal on or before May 13, 2005, the appeal would be referred to the court for dismissal. See Tex. R. App. P. 42.3(c). To date, Appellant has neither complied with nor responded to our notice.

            Because Appellant has failed, after notice, to correct her defective notice of appeal, 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, 12-04-00004-CV, 2004 WL 252785, at *1 (Tex. App.–Feb. 11, 2004, pet. denied); Feist v. Hubert, 12-03-00442-CV, 2004 WL 252285, at *1 (Tex. App.–Feb. 11, 2004, pet. denied).

Opinion delivered May 18, 2005.

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

(PUBLISH)