Ex Parte: David C. Murphy

MARY'S OPINION HEADING

NO. 12-01-00190-CV



IN THE COURT OF APPEALS



TWELFTH COURT OF APPEALS DISTRICT



TYLER, TEXAS





§ APPEAL FROM THE 349TH





EX PARTE: DAVID C. MURPHY,§ JUDICIAL DISTRICT COURT OF





§ ANDERSON COUNTY, TEXAS





PER CURIAM

This pro se informa pauperis appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 42.3(c). Appellant's petition for expunction of records was denied on June13, 2001. Thereafter, on June 22, 2001, Appellant filed a notice of appeal which failed to contain the information required by Tex. R. App. P. 25.1(e), i.e., a certificate of service showing service on all parties to the trial court's judgment.

Thus, on June 29, 2001, this Court notified Appellant, pursuant to Tex. R. App. P. 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 a corrected notice of appeal on or before July 30, 2001, the appeal would be referred to the court for dismissal. Tex. R. App. P. 42.3. On July 9, 2001, Appellant filed an amended notice of appeal. Again, the notice failed to comply with Rule 25.1(e).

As of August 24, 2001, Appellant has not a filed proper notice of appeal. Since Appellant has persisted in failing to correct his defective notice of appeal after notice, the appeal is dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 42.3(c).

Opinion delivered September 5, 2001.

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

(DO NOT PUBLISH)