Rogelio Rodriguez v. Martin Resendez, Maria Resendez & Dora Resendez ( 2003 )

NUMBER 13-03-555-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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ROGELIO RODRIGUEZ, Appellant,

v.

MARTIN RESENDEZ, ET AL., Appellees.

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On appeal from the 139th District Court of Hidalgo County, Texas

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MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Garza Opinion Per Curiam

   Appellant, ROGELIO RODRIGUEZ, attempted to perfect an appeal from a judgment entered by the 139th District Court of Hidalgo County, Texas, in cause number C-651-03-C. Judgment in this cause was signed on May 20, 2003. A timely motion for new trial was filed on June 16, 2003. Pursuant to Tex. R. App. P. 26.1, appellant's notice of appeal was due on August 18, 2003, but was not filed until September 18, 2003.

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. To date, no response has been received from appellant. Appellees have filed a motion to dismiss the appeal.

The Court, having examined and fully considered the documents on file, appellant's failure to timely perfect his appeal, 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. Appellee's motion to dismiss the appeal is dismissed. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Opinion delivered and filed this

the 6^th day of November, 2003.