Bernard R. De Los Santos v. Union Carbide Corporation

Court of Appeals of Texas

Bernard R. De Los Santos v. Union Carbide Corporation

DecidedJune 1, 2006

Docket13-05-00574-CV

StatusPublished

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Bernard R. De Los Santos v. Union Carbide Corporation, (Tex. Ct. App. 2006).

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Opinion

NUMBER 13-05-574-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_______________________________________________________

BERNARD R. DE LOS SANTOS, ET AL., Appellants,

v.

UNION CARBIDE CORPORATION, ET AL., Appellees.

On appeal from the 319th District Court

of Nueces County, Texas.

MEMORANDUM OPINION

Before Justices Hinojosa, Rodriguez and Castillo

Memorandum Opinion Per Curiam

Appellants, BERNARD R. DE LOS SANTOS, ET AL., attempted to perfect an appeal from an order entered by the 319th District Court of Nueces County, Texas, in cause no. 05-3076-G. The clerk=s record was received on March 16, 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 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. Second, it appears that the notice of appeal was not filed in the proper cause number. Finally, it does not appear that the notice of appeal was timely filed. 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 1st day of June, 2006.

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NUMBER 13-05-574-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_______________________________________________________

BERNARD R. DE LOS SANTOS, ET AL., Appellants,

v.

UNION CARBIDE CORPORATION, ET AL., Appellees.

On appeal from the 319th District Court

of Nueces County, Texas.

MEMORANDUM OPINION

Before Justices Hinojosa, Rodriguez and Castillo

Memorandum Opinion Per Curiam

Appellants, BERNARD R. DE LOS SANTOS, ET AL., attempted to perfect an appeal from an order entered by the 319th District Court of Nueces County, Texas, in cause no. 05-3076-G. The clerk=s record was received on March 16, 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 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. Second, it appears that the notice of appeal was not filed in the proper cause number. Finally, it does not appear that the notice of appeal was timely filed. 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 1st day of June, 2006.

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