Timothy Ray Grant v. Andrea Elease Myers

NUMBER 13-16-00338-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
TIMOTHY RAY GRANT, Appellant,
v.
ANDREA ELEASE MYERS, Appellee.
____________________________________________________________
On Appeal from the 329th District Court
of Wharton County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Garza and Longoria
Memorandum Opinion Per Curiam
Appellant, Timothy Ray Grant, appealed a judgment entered by the 329th District
Court of Wharton County, Texas. On June 27, 2016, the Clerk of this Court notified
appellant that the notice of appeal failed to comply with Texas Rule of Appellate
Procedure 9.5(e) and 25.1(d)(4). See TEX. R. APP. P. 9.5(e), 25.1(d)(4). The Clerk
directed appellant to file an amended notice of appeal with the district clerk's office within
30 days from the date of that notice. On August 8, 2016, the Clerk notified appellant that
the defect had not been corrected and warned appellant that the appeal would be
dismissed if the defect was not cured within ten days. Appellant has not responded to
the notice from the Clerk or corrected the defect.
On July 28, 2016, the Clerk of this Court notified appellant, in accordance with
Texas Rule of Appellate Procedure 42.3(c), that we would dismiss this appeal unless the
$205.00 filing fee was paid. See TEX. R. APP. P. 42.3(c). Appellant has not responded
to the notice from the Clerk or paid the $205.00 filing fee. See TEX. R. APP. P. 5, 12.1(b).
The Court, having considered the documents on file and appellant’s failure to
correct the defect or pay the filing fee, is of the opinion that the appeal should be
dismissed. See id. 37.3, 42.3(b),(c). Accordingly, the appeal is DISMISSED FOR
WANT OF PROSECUTION.
PER CURIAM
Delivered and filed this
2nd day of September, 2016.
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