Michael Goode v. William P. Sage and Michael Manning

  NUMBER 13-04-093-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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MICHAEL GOODE,                                                            Appellant,

v.

WILLIAM P. SAGE AND MICHAEL MANNING,                      Appellees.

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On appeal from the 24th District Court of Victoria County, Texas

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MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Garza

Opinion Per Curiam

           Appellant, MICHAEL GOODE, attempted to perfect an appeal from a judgment entered by the 24th District Court of Victoria County, Texas, in cause number 01-3-56,131-A. Judgment in this cause was signed on April 12, 2002. No timely motion for new trial was filed. Pursuant to Tex. R. App. P. 26.1, appellant’s notice of appeal was due on May 13, 2002, but was not filed until February 6, 2004.

         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, appellant has failed to respond to this Court’s notice or otherwise correct the defect.

         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. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

                                                               PER CURIAM

Opinion delivered and filed this

the 6^th day of May, 2004.