NUMBER 13-11-00708-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
CHARLES E. SMITH AND BETTY M. SMITH,
INDIVIDUALLY AND AS TRUSTEES FOR THE
SMITH FAMILY TRUST, Appellants,
v.
LONG ISLAND VILLAGE OWNERS ASSOCIATION, INC.
F/K/A OUTDOOR RESORTS/SOUTH PADRE OWNER’S
ASSOCIATION, AND PAST AND PRESENT BOARD OF
DIRECTORS OF LONG ISLAND OWNERS ASSOCIATION,
INC. F/K/A OUTDOOR RESORTS/SOUTH PADRE
OWNER’S ASSOCIATION, INC., Appellees.
____________________________________________________________
On Appeal from the 445th District Court
of Cameron County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Garza
Memorandum Opinion Per Curiam
This matter is before the Court on a defective notice of appeal and appellants’
failure to correct the defect. On October 31, 2011, and February 22, 2012, the Court
advised appellants that the notice of appeal was not in compliance with Texas Rule of
Appellate Procedure 25.1(d)(5) and that it contained the wrong cause number. The
Court requested correction of these defects within ten days. See Tex. R. App. P.
25.1(d)(5), 37.1, 42.3(b),(c). Appellants have failed to correct the defects or otherwise
respond to the Court's notices.
On its own motion, with ten days notice to the parties, an appellate court may
dismiss a civil appeal for want of prosecution or failure to comply with a notice from the
clerk requiring a response or other action within a specified time. See Tex. R. App. P.
42.3(b),(c). Accordingly, we dismiss the appeal for want of prosecution and for failure to
comply with a notice from the Court. See id.
PER CURIAM
Delivered and filed the
22nd day of March, 2012.
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