Robert Corder v. Ovation Services, LLC

NUMBER 13-22-00437-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
ROBERT CORDER, Appellant,
v.
OVATION SERVICES, LLC, Appellee.
On appeal from the 214th District Court
of Nueces County, Texas.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Longoria and Silva
Memorandum Opinion by Justice Longoria
On September 29, 2022, appellant filed an amended notice of appeal. On October
6, 2022, and on November 9, 2022, the Clerk of the Court notified appellant that his
amended notice of appeal was not in compliance with the Texas Rules of Appellate
Procedure. See TEX. R. APP. P. 9.1(b). Appellant was also advised in both notices, if the
defects were not corrected within ten days from the date of the notice, the appeal would
be dismissed. See TEX. R. APP. P. 42.3(b), (c).
Furthermore, on November 1, 2022, the Clerk of the Court notified appellant that
the clerk’s record in the above cause was due on October 31, 2022, and that the district
clerk, Ms. Angela Garcia, had notified the Court that appellant failed to make
arrangements for payment of the clerk’s record. The Clerk of this Court notified appellant
of this failure so that steps could be taken to correct the defect, if it could be done. See
TEX. R. APP. P. 37.3, 42.3(b), (c). Appellant was advised that, if arrangements to pay for
the clerk’s record and proof of payment were not made and filed within ten days from the
date of receipt of this notice, the appeal would be dismissed for want of prosecution.
Appellant has failed to correct the defects in his amended notice of appeal and has
otherwise not responded to the notices from the clerk requiring a response or other action
within the time specified; accordingly, the appeal is dismissed for want of prosecution.
See id. 42.3(b), (c).
NORA L. LONGORIA
Justice
Delivered and filed on the
2nd day of February, 2023.
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