Stevenson Mancillas v. Shelly Marie Mancillas

• Court: Court of Appeals of Texas
• Decided: February 23, 2012
• Docket: 01-10-00674-CV
• Status: Published

Opinion

Opinion issued February 23, 2012.

In The

Court of Appeals

For The

First District of Texas

NO. 01-10-00674-CV

____________

STEVENSON MANCILLAS, Appellant

V.

SHELLY MARIE MANCILLAS, Appellee

On Appeal from the 247th District Court

Harris County, Texas

Trial Court Cause No. 2009-68370

MEMORANDUM OPINION

Appellant filed a notice of appeal from an order of dismissal in a divorce case.  His notice did not contain a certificate of service, an acknowledgment of service by the party served, or other proof that a copy of the notice of appeal was served on the other party to the judgment.  See Tex. R. App. P. 9.5(d), 25.1(e).

On October 19, 2011, we notified appellant that his appeal was subject to dismissal unless, by October 27, 2011, he provided proof of service on all parties.   See id. 9.5(d), 42.3(c); Pena v. McDowell, 201 S.W.3d 665, 667 (Tex. 2006) (stating that failure to show proof of service of notice of appeal on all parties is proper grounds for dismissal under Texas Rule of Appellate Procedure 9.5(d)).  Appellant failed to respond.

Accordingly, we dismiss the appeal for failure to comply with a requirement of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 9.5(d), 42.3(c), 43.2(f).  We dismiss any other pending motions as moot. 

PER CURIAM

Panel consists of Chief Justice Radack and Justices Higley and Brown.