Maximo R. Aleman v. Ge Life and Annuity Assurance Co. ( 2006 )

                             NUMBER 13-05-758-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

___________________________________________________________________

MAXIMO R. ALEMAN, ET AL.,                                  Appellants,

                                           v.

GE LIFE AND ANNUITY ASSURANCE CO., ET AL.,         Appellees.

___________________________________________________________________

                  On appeal from the 319th District Court

                            of Nueces County, Texas

___________________________________________________________________

                     MEMORANDUM OPINION

                Before Justices Hinojosa, Yañez, and Garza

                       Memorandum Opinion Per Curiam

Appellants, MAXIMO R. ALEMAN, ET AL., attempted to perfect an appeal from a judgment entered by the 319th District Court of Nueces County, Texas, in cause number 04-117-G.  Judgment in this cause was signed on December 22, 2003.  No timely motion for new trial was filed. Pursuant to Tex. R. App. P. 26.1, appellants= notice of appeal was due on January 21, 2004, but was not filed until March 24, 2004.   Appellees have filed a motion to dismiss the appeal.

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 defect was not corrected within ten days from the date of receipt of this Court=s letter, the appeal would be dismissed.  To date, no response has been received from appellants.

The Court, having examined and fully considered the documents on file, appellants= failure to timely perfect their appeal, appellants= failure to respond to this Court=s notice, and appellees= motion to dismiss the appeal,  is of the opinion that the appeal should be dismissed for want of jurisdiction.  Appellees= motion to dismiss the appeal is GRANTED, and the appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Memorandum Opinion delivered and filed

this the 16th day of February, 2006.