Charles E. Smith and Betty M. Smith, Individually and as Trustees for the Smith Family Trust v. Long Island Village Owners Association, Inc. F/K/A Outdoor resorts/south Padre Owner's Association, Inc. and Past and Present Board of Directors of Long Island Owners Association, Inc. F/K/A Outdoor resorts/south Padre Owner's Association, Inc.

CourtCourt of Appeals of Texas
DecidedMarch 22, 2012
Docket13-11-00708-CV
StatusPublished

This text of Charles E. Smith and Betty M. Smith, Individually and as Trustees for the Smith Family Trust v. Long Island Village Owners Association, Inc. F/K/A Outdoor resorts/south Padre Owner's Association, Inc. and Past and Present Board of Directors of Long Island Owners Association, Inc. F/K/A Outdoor resorts/south Padre Owner's Association, Inc. (Charles E. Smith and Betty M. Smith, Individually and as Trustees for the Smith Family Trust v. Long Island Village Owners Association, Inc. F/K/A Outdoor resorts/south Padre Owner's Association, Inc. and Past and Present Board of Directors of Long Island Owners Association, Inc. F/K/A Outdoor resorts/south Padre Owner's Association, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Charles E. Smith and Betty M. Smith, Individually and as Trustees for the Smith Family Trust v. Long Island Village Owners Association, Inc. F/K/A Outdoor resorts/south Padre Owner's Association, Inc. and Past and Present Board of Directors of Long Island Owners Association, Inc. F/K/A Outdoor resorts/south Padre Owner's Association, Inc., (Tex. Ct. App. 2012).

Opinion

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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Charles E. Smith and Betty M. Smith, Individually and as Trustees for the Smith Family Trust v. Long Island Village Owners Association, Inc. F/K/A Outdoor resorts/south Padre Owner's Association, Inc. and Past and Present Board of Directors of Long Island Owners Association, Inc. F/K/A Outdoor resorts/south Padre Owner's Association, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-e-smith-and-betty-m-smith-individually-and-as-trustees-for-the-texapp-2012.