COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS AT HOUSTON
NOTICE OF INTENT TO DISMISS FOR WANT OF JURISDICTION
Appellate case name: Stephen McLemore v. Progressive County Mutual Ins. Co.
Appellate case number: 01-12-00944-CV
Trial court case number: 1210964
Trial court: 55th District Court of Harris County
Appellant’s notice of appeal does not meet the requirements for a notice of restricted
appeal, and accordingly, this Court will not have jurisdiction over the appeal unless an amended
notice of appeal is filed. See TEX. R. APP. P. 25.1(a), (d)(7), (g); Sweed v. Nye, 323 S.W.3d 873,
875 (Tex. 2010).
To suffice as a proper notice of restricted appeal, the notice must:
(1) Contain a statement that the appellant is a party affected by the trial court’s judgment but
did not participate–either in person or through counsel–in the hearing that resulted in the
judgment complained of;
(2) Contain a statement that the appellant did not timely file either a post-judgment motion,
request for findings of fact and conclusions of law, or notice of appeal; and
(3) Be verified by the appellant if the appellant does not have counsel.
Accordingly, unless appellant files an amended notice of appeal correcting the defects
and omissions in the notice of appeal within 10 days of the date of this notice, the appeal will
be dismissed for want of jurisdiction without further notice. See TEX. R. APP. P. 25.1(g), 42.3(a),
43.2(f).
Clerk’s signature: /s/ Christopher A. Prine
Date: July 19, 2013