Kyna Hill v. Taco Bell

Opinion issued October 27, 2015

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-14-00787-CV ——————————— KYNA HILL, Appellant V. TACO BELL, Appellee

On Appeal from the 270th District Court Harris County, Texas Trial Court Case No. 2012-29455

MEMORANDUM OPINION

Appellant, Kyna Hill, has filed a notice of appeal attempting to challenge the trial court’s order dismissing her case for want of prosecution. The notice of appeal, however, does not contain a certificate of service, an acknowledgment of *2 service, or other proof that a copy of the notice was served on the other party to the trial court’s order. See TEX. R. APP. P. 9.5(d), 25.1(e).

On June 9, 2015, we notified appellant that the appeal might be dismissed unless she provided proof of service on all parties. See id. 9.5(d), 42.3(c); Peña v. McDowell, 201 S.W.3d 665, 667 (Tex. 2006) (failure to show proof of service of notice of appeal on all parties proper ground for dismissal under Texas Rule of Appellate Procedure 9.5(d)). Appellant failed to respond.

Accordingly, we dismiss the appeal for failure to comply with a requirement of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 42.3(c); Hogg v. Builders Capital, Ltd., No. 12-14-00307-CV, 2014 WL 6982946, at *1 (Tex. App.—Tyler Dec. 10, 2014, no pet.) (mem. op.) (dismissing appeal for failure to comply with rules 9.5 and 25.1(e)); Mancillas v. Mancillas, No. 01-10-00674-CV, 2012 WL 587134, at *1 (Tex. App.—Houston [1st Dist.] Feb. 23, 2012, no pet.) (mem. op.) (dismissing appeal for failure to comply with rule 9.5). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Higley, and Brown.