NO. 12-03-00402-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
DONALD FOSTER,§ APPEAL FROM THE 349TH
APPELLANT
V.§ JUDICIAL DISTRICT COURT OF
JOHNNY KIRKPATRICK, ET AL.,
APPELLEES§ HOUSTON COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
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 the instant case was signed on October 16, 2003. Thereafter, on October 31, 2003, Appellant filed a notice of appeal, which was received by this court on December 1, 2003, but 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 2, 2003, Appellant was notified 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 an amended notice of appeal on or before January 2, 2004, the appeal would be referred to the court for dismissal. Tex. R. App. P. 42.3.
Appellant's deadline for amending his notice of appeal has passed, and he has neither responded to this court's notice or filed an amended notice of appeal. Since Appellant has failed 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 January 14, 2004.
Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.
(PUBLISH)