Andreger Tolbert v. Bryant Tolbert

• Court: Court of Appeals of Texas
• Decided: May 26, 2022
• Docket: 13-22-00026-CV
• Status: Published

Opinion

NUMBER 13-22-00026-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

ANDREGER TOLBERT, Appellant,

v.

BRYANT TOLBERT, Appellee. ____________________________________________________________

On appeal from the 264th District Court of Bell County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Benavides and Tijerina Memorandum Opinion by Justice Tijerina

This matter is before the court on its own motion.1 On February 2, 2022, the Clerk

of the Court notified appellant that his notice of appeal failed to comply with TEX. R. APP.

P. 9.5(e) and was provided thirty days to correct the defect. On March 10, 2022, the Clerk

1 This case is before the Court on transfer from the Third Court of Appeals pursuant to a docket

equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001 of the Court again notified appellant that his notice of appeal failed to comply with TEX. R.

APP. P. 9.5(e) and was provided ten days to correct the defect. Appellant was advised

that, if the defect was not corrected within ten days from the date of receipt of this notice,

the appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 42.3(b),(c).

Appellant failed to cure the defect in his notice of appeal and has not otherwise

responded to the clerk’s notices. Accordingly, the appeal is dismissed for want of

prosecution. See TEX. R. APP. P. 42.3(b), (c).

JAIME TIJERINA Justice

Delivered and filed on the 26th day of May, 2022