David W. Johnson v. Marisa M. Johnson

• Court: Court of Appeals of Texas
• Decided: April 7, 2005
• Docket: 13-04-00619-CV
• Status: Published

Opinion

NUMBER 13-04-619-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_________________________________________________________

DAVID W. JOHNSON,                                                       Appellant,

v.

MARISA M. JOHNSON,                                                      Appellee.

On appeal from the 130th District Court

of Matagorda County, Texas

MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Opinion Per Curiam

         Appellant, DAVID W. JOHNSON, attempted to perfect an appeal from a judgment entered by the 130th District Court of Matagorda County, Texas, in cause number 00-J-0364-D. Judgment in this cause was signed on June 23, 2004. A timely motion for new trial was filed on July 8, 2004. Pursuant to Tex. R. App. P. 26.1, appellant’s notice of appeal was due on September 21, 2004, but was not filed until October 28, 2004.

         Notice of this defect was given so that steps could be taken to correct the defect, if it could be done. Appellant was advised that, if the defect was not corrected within ten days from the date of receipt of this Court’s letter, the appeal would be dismissed. To date, no response has been received from appellant.

         The Court, having examined and fully considered the documents on file, appellant’s failure to timely perfect his appeal, and appellant’s 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 7th day of April, 2005.