Marco A. Garza v. Elena v. Vetluzhskikh Garza

NUMBER 13-10-00319-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
MARCO A. GARZA, APPELLANT,
v.
ELENA V. VETLUZHSKIKH GARZA, APPELLEE.
____________________________________________________________
On Appeal from the 389th District Court
of Hidalgo County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Vela
Memorandum Opinion Per Curiam
Appellant, Marco A. Garza, appealed a judgment entered by the 389th District
Court of Hidalgo County, Texas. On June 9, 2010 and July 2, 2010, 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)(2). See TEX. R. APP. P. 9.5(e), 25.1(d)(2). 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 October 13, 2010, the Clerk notified appellant that the defect had not been
corrected and warned appellant that the appeal would be dismissed if the defect were not
cured within ten days. To date, the defect has not been corrected. See TEX. R. APP. P.
42.3(b),(c).
Additionally, on October 13, 2010, 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 $175.00 filing fee was paid. See id. 42.3(c). Appellant has not
responded to the notice from the Clerk or paid the $175.00 filing fee. See TEX. R. APP. P.
5, 12.1(b).
The Court, having considered the documents on file, appellant=s failure to correct
these defects, and failure to pay the filing fee, is of the opinion that the appeal should be
dismissed. See id. 42.3(b),(c). Accordingly, the appeal is DISMISSED for want of
prosecution.
PER CURIAM
Delivered and filed the
18th day of November, 2010.
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