Sherry Lynn Badalich and Carl Badalich v. First National Bank of Winnsboro ( 2016 )


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  •                                    NO. 12-16-00258-CV
    IN THE COURT OF APPEALS
    TWELFTH COURT OF APPEALS DISTRICT
    TYLER, TEXAS
    SHERRY LYNN BADALICH AND                          §      APPEAL FROM THE 402ND
    CARL BADALICH,
    APPELLANTS
    V.                                                §      JUDICIAL DISTRICT COURT
    FIRST NATIONAL BANK OF
    WINNSBORO,
    APPELLEE                                          §      WOOD COUNTY, TEXAS
    MEMORANDUM OPINION
    PER CURIAM
    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 June 21, 2016,
    and Appellants filed a motion for new trial. On September 15, 2016, Appellants timely filed a
    notice of appeal. The notice of appeal failed to contain a certificate showing service on all
    parties to the trial court’s judgment. See TEX. R. APP. P. 9.5, 25.1(e).
    On September 15, 2016, Appellants were 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). They were further notified that unless they filed an amended notice of appeal on or
    before October 17, 2016, 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 Appellants
    have not corrected their 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) (mem. op.); Feist v. Hubert, No. 12-03-00442-CV, 
    2004 WL 252285
    , at *1 (Tex.
    App.—Tyler Feb. 11, 2004, pet. denied) (mem. op.).
    Opinion delivered October 21, 2016.
    Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
    (PUBLISH)
    2
    COURT OF APPEALS
    TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
    JUDGMENT
    OCTOBER 21, 2016
    NO. 12-16-00258-CV
    SHERRY LYNN BADALICH AND CARL BADALICH,
    Appellants
    V.
    FIRST NATIONAL BANK OF WINNSBORO,
    Appellee
    Appeal from the 402nd District Court
    of Wood County, Texas (Tr.Ct.No. 2013-294)
    THIS CAUSE came to be heard on the appellate record; and the same
    being considered, it is the opinion of this court that this appeal should be dismissed.
    It is therefore ORDERED, ADJUDGED and DECREED by this court that
    this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court
    below for observance.
    By per curiam opinion.
    Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.
    

Document Info

Docket Number: 12-16-00258-CV

Filed Date: 10/21/2016

Precedential Status: Precedential

Modified Date: 10/24/2016