Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Doris Nell Fontenot, Appellant v. Jimmie Byron Fontenot, Appellee
MEMORANDUM OPINION
This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. See Tex.R.App. P. 42.3(c). The judgment in this case was signed on April 14, 2015, and Appellant did not file a motion for new trial. On April 20, 2015, Appellant timely filed a notice of appeal in the trial court. See Tex.R.App. P. 26.1. The notice of appeal failed to contain the information required by Texas Rules of Appellate Procedure 9.5 and 25.1(e), i.e., a certificate of service showing service on all parties to the trial court's judgment.
On April 27, 2015, Appellant was notified pursuant to Texas Rule of Appellate Procedure 37.1 that the notice of appeal was defective for failure to comply with Rules 9.5 and 25.1(e). She was further notified that unless she filed an amended notice of appeal on or before May 27, 2015, the appeal would be referred to the court for dismissal. See Tex.R.App. P. 42.3(c). The deadline for filing an amended notice of appeal has passed, and Appellant has not corrected her defective notice of appeal. Accordingly, the appeal is dismissed for failure to comply with the Texas Rules of Appellate Procedure. See Tex.R.App. P. 42.3(c); Feist v. Berg, No. 12–04–00004–CV, 2004 WL 252785, at *1 (Tex.App.-Tyler Feb. 11, 2004, pet. denied); Feist v. Hubert, No. 12–03–00442–CV, 2004 WL 252285, at *1 (Tex.App.-Tyler Feb. 11, 2004, pet. denied).
PER CURIAM
Thank you for your feedback!
As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.
Docket No: NO. 12–15–00110–CV
Decided: June 03, 2015
Court: Court of Appeals of Texas, Tyler.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)