Erich Norris v. Starbuck's Corp., D/B/A Starbuck's Coffee Company ( 2004 )

  NUMBER 13-03-605-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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ERICH NORRIS,                                                                Appellant,

v.

STARBUCK’S CORP., D/B/A STARBUCK’S

COFFEE COMPANY,                                                           Appellee.

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On appeal from the 165th District Court

of Harris County, Texas

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MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Opinion Per Curiam

         This cause is before the Court on appellant’s motion for extension of time to file notice of restricted appeal. Appellant relies on Tex. R. App. P. 26.3 as authority for permitting him to bring an appeal within six months of the judgment.

         Appellant originally filed an appeal from a summary judgment taken against him in his lawsuit against Starbuck’s Corp. d/b/a Starbuck’s Coffee Company. On December 3, 2002, the Court of Appeals for the Sixth District of Texas dismissed his appeal for want of prosecution. The mandate was issued on February 10, 2003. Appellant is now attempting to appeal the opinion and judgment of the Sixth Court of Appeals.

         The Court, having examined and fully considered the documents on file, is of the opinion that the appeal should be dismissed for want of jurisdiction. Appellant’s motion for extension of time to file notice of restricted appeal and the appeal are hereby DISMISSED FOR WANT OF JURISDICTION.

                                                                                 PER CURIAM

Opinion delivered and filed this

the 26th day of February, 2004.