Cynthia Ann Foradory v. Roy Saenz ( 2000 )

NUMBER 13-00-625-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

____________________________________________________________________

CYNTHIA ANN FORADORY

, Appellant,

v.

ROY SAENZ

, Appellee.

____________________________________________________________________

On appeal from the 319th District Court of Nueces County, Texas.

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O P I N I O N

Before Chief Justice Seerden and Justices Dorsey and Rodriguez

Opinion Per Curiam

Appellant, CYNTHIA ANN FORADORY, attempted to perfect an appeal from an order entered by the 319th District Court of Nueces County, Texas, in cause no. 86-2571-G. The clerk's record was received on October 9, 2000.

Upon review of the clerk's record, it appeared that the order appealed from was not a final appealable order. Pursuant to Tex. R. App. P. 42.3, notice of this defect was given so that steps could be taken to correct the defect, if it could be done. Appellant was advised that, if the defect was not corrected within ten days from the date of receipt of this notice, the appeal would be dismissed for want of jurisdiction. Appellant failed to file a response as requested by this Court's notice.

Additionally, on November 15, 2000, appellant was advised that she was delinquent in the payment of the $125.00 filing fee in this matter. Appellant was given notice pursuant to Tex. R. App. P. 42.3(c), that, if the filing fee was not paid within ten days from the date of receipt of this Court's notice, this appeal would be dismissed. To date, appellant has failed to pay the filing fee.

The Court, having considered the documents on file and appellant's failure to respond to this Court's notice, is of the opinion that the appeal should be dismissed for want of jurisdiction. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 21^st day of December, 2000.