Devorah J. Goldberg v. Pete Garcia, M.D. & Christus Spohn Health System & John Does 1 Thru Xx

Court of Appeals of Texas

Devorah J. Goldberg v. Pete Garcia, M.D. & Christus Spohn Health System & John Does 1 Thru Xx

DecidedMay 5, 2005

Docket13-04-00447-CV

StatusPublished

This text of Devorah J. Goldberg v. Pete Garcia, M.D. & Christus Spohn Health System & John Does 1 Thru Xx (Devorah J. Goldberg v. Pete Garcia, M.D. & Christus Spohn Health System & John Does 1 Thru Xx) 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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Devorah J. Goldberg v. Pete Garcia, M.D. & Christus Spohn Health System & John Does 1 Thru Xx, (Tex. Ct. App. 2005).

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Opinion

NUMBER 13-04-447-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

___________________________________________________________________

DEVORAH J. GOLDBERG, Appellant,

v.

PETE GARCIA, M.D., ET AL., Appellees.

___________________________________________________________________

On appeal from the 28th District Court

of Nueces County, Texas

___________________________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Garza

Memorandum Opinion Per Curiam

Appellant, DEVORAH J. GOLDBERG, attempted to perfect an appeal from a judgment entered by the 28th District Court of Nueces County, Texas, in cause number 03-7534-A. Judgment in this cause was signed on May 12, 2004. A timely motion for new trial was filed. Pursuant to Tex. R. App. P. 26.1, appellant’s notice of appeal was due on August 10, 2004, but was not filed until August 26, 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. Appellant’s response to this Court’s notice was received on September 29, 2004, and appellees’ response was received on October 7, 2004.

The Court, having examined and fully considered the documents on file, appellant’s failure to timely perfect his appeal, and appellant’s and appellees’ responses 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 5th day of May, 2005.

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NUMBER 13-04-447-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

___________________________________________________________________

DEVORAH J. GOLDBERG, Appellant,

v.

PETE GARCIA, M.D., ET AL., Appellees.

___________________________________________________________________

On appeal from the 28th District Court

of Nueces County, Texas

___________________________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Garza

Memorandum Opinion Per Curiam

Appellant, DEVORAH J. GOLDBERG, attempted to perfect an appeal from a judgment entered by the 28th District Court of Nueces County, Texas, in cause number 03-7534-A. Judgment in this cause was signed on May 12, 2004. A timely motion for new trial was filed. Pursuant to Tex. R. App. P. 26.1, appellant’s notice of appeal was due on August 10, 2004, but was not filed until August 26, 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. Appellant’s response to this Court’s notice was received on September 29, 2004, and appellees’ response was received on October 7, 2004.

The Court, having examined and fully considered the documents on file, appellant’s failure to timely perfect his appeal, and appellant’s and appellees’ responses 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 5th day of May, 2005.

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Devorah J. Goldberg v. Pete Garcia, M.D. & Christus Spohn Health System & John Does 1 Thru Xx, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devorah-j-goldberg-v-pete-garcia-md-christus-spohn-texapp-2005.