Denis A. Downey v. Beatriz Moreno Downey

• Court: Court of Appeals of Texas
• Decided: April 10, 2008
• Docket: 13-07-00649-CV
• Status: Published

Opinion

NUMBER 13-07-00649-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

DENIS A. DOWNEY, Appellant,

v.

BEATRIZ MORENO DOWNEY , Appellee. _____________________________________________________________

On appeal from the 197th District Court of Cameron County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Vela Memorandum Opinion Per Curiam

Appellant, Denis A. Downey, attempted to appeal a judgment rendered against him

in the 197th District Court of Cameron County. On October 24, 2007, the Clerk of this

Court notified appellant that the notice of appeal had not been timely filed. 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. 37.3, 42.3. Appellant was advised that, if the

defect was not corrected within ten days from the date of receipt of this notice, the appeal

would be dismissed for want of prosecution. Appellant failed to respond to the Court’s

notice. Appellant has further failed to pay required fees as directed by the Clerk of this

Court.

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 notices,

is of the opinion that the appeal should be dismissed for want of jurisdiction. Accordingly,

the appeal is hereby DISMISSED FOR WANT OF JURISDICTION. See id. 42.3(a),(c).

PER CURIAM

Memorandum Opinion delivered and filed this the 10th day of April, 2008.