Joe A. Cofer v. Pamela Bright

• Court: Court of Appeals of Texas
• Decided: January 18, 2006
• Docket: 12-05-00406-CV
• Status: Published

Opinion

MARY'S OPINION HEADING

                     NO. 12-05-00406-CV

NO. 12-05-00407-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JOE A. COFER,                                                 §     APPEALS FROM THE 321ST

APPELLANT

V.                                                                         §     JUDICIAL DISTRICT COURT OF

PAMELA BRIGHT,

APPELLEE                                                        §     SMITH COUNTY, TEXAS

---

---

MEMORANDUM OPINION

PER CURIAM

            These appeals are being dismissed for failure to comply with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.3(c). The judgments in the instant cases were signed on December 1, 2005. Thereafter, on December 5, 2005, Appellant filed a notice of appeal in each cause 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 December 14, 2005, Appellant was notified pursuant to Texas Rule of Appellate Procedure 37.1 that the notices of appeal were defective for failure to comply with Rule 25.1(e). He was further notified that unless he filed an amended notice of appeal in each cause on or before January 13, 2006, the appeals would be referred to the court for dismissal. See Tex. R. App. P. 42.3.             To date, Appellant has neither responded to this Court’s notice nor amended his notices of appeal. Because Appellant has failed, after notice, to correct his defective notices of appeal, the appeals are dismissed for failure to comply with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.3(c); Feist v. Berg, No. 12-04-0004-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.–Tyler Feb. 11, 2004, pet. denied).

Opinion delivered January 18, 2006.

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

(PUBLISH)