Diana C. Diaz, D.D.S., P.C. and Diana N. Diaz v. Jp Morgan Chase Bank, N. A.

• Court: Court of Appeals of Texas
• Decided: April 17, 2008
• Docket: 13-07-00601-CV
• Status: Published

Opinion

NUMBER 13-07-00601-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

______________________________________________________________

DIANA C. DIAZ, D.D.S, P.C. AND DIANA N. DIAZ, Appellants,

v.

JP MORGAN CHASE BANK, N.A., Appellee.

_____________________________________________________________

On Appeal from the 197th District Court

of Cameron County, Texas.

______________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Garza and Vela

Memorandum Opinion Per Curiam

Appellants, Diana C. Diaz, D.D.S. and Diana N. Diaz, appealed a judgment entered by the 197th District Court of Cameron County, Texas. On October 2, 2007, the Clerk of this Court notified appellants that the notice of appeal failed to comply with Texas Rule of Appellate Procedure 9.5(e). See Tex. R. App. P. 9.5(e).

The Clerk directed appellants to file an amended notice of appeal with the district clerk's office within 30 days from the date of that notice. On January 8, the Clerk notified appellants that the defect had not been corrected and warned appellants that the appeal would be dismissed if the defect were not cured within ten days. To date, the defect has not been corrected, and the deputy clerk and court reporter have further informed this Court that appellants have failed to request and make payment arrangements for the appellate record in this cause. See Tex. R. App. P. 37.3, 42.3(b),(c).

The Court, having considered the documents on file and appellant's failure to correct these defects, is of the opinion that the appeal should be dismissed. See id. 37.3, 42.3(b),(c).

Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Memorandum Opinion delivered

and filed this the 17^th day of April, 2008.