Barry Housh v. Union Carbide Corporation

• Court: Court of Appeals of Texas
• Decided: August 24, 2006
• Docket: 13-06-00079-CV
• Status: Published

Opinion

NUMBER 13-06-079-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_______________________________________________________

BARRY HOUSH, ET AL., Appellants,

v.

UNION CARBIDE CORPORATION, ET AL., Appellees.

On appeal from the 319th District Court

of Nueces County, Texas.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Hinojosa and Garza

Memorandum Opinion Per Curiam

Appellants, BARRY HOUSH, ET AL., attempted to perfect an appeal from an order entered by the 319th District Court of Nueces County, Texas, in cause no. 03-01981-G. The clerk's record was received on June 28, 2006.

A review of the clerk's record in this cause fails to affirmatively reflect that this Court has jurisdiction over this appeal. First, it appears that the order from which this appeal is taken is not a final, appealable judgment. Second, it appears that parties have filed suggestions of bankruptcy; however, the record fails to reflect that any bankruptcy stay has been lifted or the case otherwise remanded to the trial court. Pursuant to Tex. R. App. P. 42.3, notice of these defects was given so that steps could be taken to correct the defects, if it could be done. Appellants were advised that, if the defects were not corrected within ten days from the date of receipt of this notice, the appeal would be dismissed for want of jurisdiction. Appellants failed to file a response as requested by this Court's notice.

The Court, having considered the documents on file and appellants' 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

Memorandum Opinion delivered and

filed this the 24th day of August, 2006.