Donald R. McCray v. Edward A. Mallett

• Court: Court of Appeals of Texas
• Decided: February 21, 2002
• Docket: 13-02-00041-CV
• Status: Published

Opinion

NUMBER 13-02-041-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

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DONALD RAY McCRAY, Appellant,

v.

EDWARD A. MALLETT, Appellee.

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On appeal from the 125th District Court of Harris County, Texas

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O P I N I O N

Before Justices Dorsey, Rodriguez, and Castillo

Opinion Per Curiam

Appellant, DONALD RAY McCRAY, attempted to perfect an appeal from a judgment entered by the 125th District Court of Harris County, Texas, in cause number 99-30294. Judgment in this cause was signed on July 19, 2001. No timely motion for new trial was filed. Pursuant to Tex. R. App. P. 26.1, appellant's notice of appeal was due on August 20, 2001, but was not filed until December 5, 2001.

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

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 21st day of February, 2002.