Anthony Wayne White v. Christopher Wilson

• Court: Court of Appeals of Texas
• Decided: May 16, 2007
• Docket: 12-07-00156-CV
• Status: Published

Opinion

                NO. 12-07-00156-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

ANTHONY WAYNE WHITE,          §          APPEAL FROM THE 349TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

CHRISTOPHER WILSON,  §          ANDERSON COUNTY, TEXAS

APPELLEE  

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 24, 2007.  Appellant timely filed a motion for new trial and on April 23, 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 April 25, 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 an amended notice of appeal on or before May 25, 2007, the appeal would be referred to the court for dismissal.  See Tex. R. App. P. 42.3(c).  On May 7, 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)