Flores, Roel (Robie) v. Aparicio, Edward G. ( 2000 )

NUMBER 13-00-308-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

__________________________________________________________________

ROEL (ROBIE) FLORES

, Appellant,

v.

EDWARD G. APARICIO, Appellee.

__________________________________________________________________

On appeal from the 93^rd District Court of Hidalgo County, Texas.

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O P I N I O N

Before Chief Justice Seerden and Justices Hinojosa and Kennedy⁽¹⁾

Opinion Per Curiam

Appellee Aparicio has filed a motion requesting that this Court dismiss this appeal for want of jurisdiction on grounds that appellant failed to timely file his notice of appeal. The appellant failed to respond to this motion. We agree with appellee, and dismiss this appeal for want of jurisdiction.

The Election Code requires that the appellant's notice of appeal must have been filed not later than the fifth day after the date the district court's judgment in the contest was signed. See Tex. Elec. Code Ann. §232.014(b) (Vernon 1986). In this case, the judgment was signed on April 25, 2000, the fifth day following was Sunday, April 30, 2000, and thus the notice of appeal should have been filed by Monday, May 1, 2000. However, the notice of appeal in this matter was not filed until May 2, 2000. Accordingly, this appeal is DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 27^th day of July, 2000.

1. Retired Justice Noah Kennedy assigned to this Court by the Chief Justice of the Supreme Court of Texas pursuant to Tex. Gov't Code Ann. §74.003 (Vernon 1998).