Devorah J. Goldberg v. Pete Garcia, M.D. & Christus Spohn Health System & John Does 1 Thru Xx ( 2005 )

  NUMBER 13-04-447-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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DEVORAH J. GOLDBERG,                                                  Appellant,

v.

PETE GARCIA, M.D., ET AL.,                                             Appellees.

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On appeal from the 28th District Court

of Nueces County, Texas

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MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Garza

Memorandum Opinion Per Curiam

           Appellant, DEVORAH J. GOLDBERG, attempted to perfect an appeal from a judgment entered by the 28th District Court of Nueces County, Texas, in cause number 03-7534-A. Judgment in this cause was signed on May 12, 2004. A timely motion for new trial was filed. Pursuant to Tex. R. App. P. 26.1, appellant’s notice of appeal was due on August 10, 2004, but was not filed until August 26, 2004.

         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 Court’s letter, the appeal would be dismissed. Appellant’s response to this Court’s notice was received on September 29, 2004, and appellees’ response was received on October 7, 2004.

         The Court, having examined and fully considered the documents on file, appellant’s failure to timely perfect his appeal, and appellant’s and appellees’ responses 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

Memorandum Opinion delivered and filed this

the 5th day of May, 2005.