Charles E. Smith v. Long Island Village Owners Association, Inc. F/K/A Outdoor resorts/south Padre Owner's Association, Inc.

• Court: Court of Appeals of Texas
• Decided: February 7, 2013
• Docket: 13-12-00610-CV
• Status: Published

Opinion

NUMBER 13-12-00610-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

CHARLES E. SMITH, ET AL., Appellants,

v.

LONG ISLAND VILLAGE OWNERS ASSOCIATION, INC. F/K/A OUTDOOR RESORTS/SOUTH PADRE OWNER'S ASSOCIATION, INC., Appellee. ____________________________________________________________

On appeal from the 445th District Court of Cameron County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Garza, Benavides, and Perkes Memorandum Opinion Per Curiam

Appellants, Charles E. Smith, et al., attempted to perfect an appeal from an order

signed on October 9, 2012, in cause no. 2011-DCL-7171-I. Upon review of the

documents before the Court, it appeared that there was no final, appealable judgment dated October 9, 2012. On October 15, 2012, the Clerk of this Court notified appellant of

this defect so that steps could be taken to correct the defect, if it could be done. See TEX.

R. APP. P. 37.1, 42.3. Appellant was advised that, if the defect was not corrected within

ten days from the date of receipt of the notice, the appeal would be dismissed for want of

jurisdiction. Appellant failed to respond to the Court’s notice.

The Court, having considered the documents on file and appellant's failure to

correct the defect in this matter, is of the opinion that the appeal should be dismissed for

want of jurisdiction. Accordingly, the appeal is DISMISSED FOR WANT OF

JURISDICTION. See TEX. R. APP. P. 42.3(a),(c).

PER CURIAM

Delivered and filed the 7th day of February, 2013.