Jim R. Garvey v. H. B. Fuller Company ( 2006 )

                             NUMBER 13-05-500-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

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JIM R. GARVEY, ET AL.,                                         Appellants,

                                           v.

H. B. FULLER COMPANY, ET AL.,                               Appellees.

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                  On appeal from the 319th District Court

                           of Nueces County, Texas.

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                     MEMORANDUM OPINION

                    Before Justices Rodriguez, Castillo, and Garza

                             Memorandum Opinion Per Curiam

Appellants, JIM R. GARVEY, ET AL., attempted to perfect an appeal from an order entered by the 319th District Court of Nueces County, Texas, in cause no. 02-05234-G.  The clerk=s record was received on January 24, 2006. 

Upon review of the clerk=s record, it appeared that the order from which this appeal was taken was not a final appealable order.  In addition, it appeared that several parties had filed suggestions of bankruptcy; however, the record fails to reflect that any bankruptcy stay has been lifted or the case otherwise remanded to the trial court.  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.  Appellants were advised that, if the defects were not corrected within ten days from the date of receipt of this notice, the appeal would be dismissed for want of jurisdiction.  Appellants failed to file a response as requested by this Court=s notice.

The Court, having considered the documents on file and appellants= 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

Memorandum Opinion delivered and filed this

the 1st day of June, 2006.