Francisco Garcia v. Advantage USAA, Inc., and Oscar Galvan

• Court: Court of Appeals of Texas
• Decided: August 16, 2007
• Docket: 13-06-00686-CV
• Status: Published

Opinion

NUMBER 13-06-686-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

__________________________________________ ________________________

FRANCISCO GARCIA, Appellant,

v.

ADVANTAGE USAA, INC. AND OSCAR GALVAN, Appellees.

____________________________________ _____________________________

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

___________________________________ ______________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Benavides and Vela

Memorandum Opinion Per Curiam

Appellant, FRANCISCO GARCIA, attempted to perfect an appeal from a judgment entered by the 197th District Court of Cameron County, Texas, in cause number 2004-12-6127-C. The clerk's record was received on February 9, 2007.

Upon review of the clerk's record, this Court noted the following defects:

1) It does not appear that an appeal was perfected from the summary judgment granted in favor of Advantage USAA, Inc. on April 29, 2005. On May 17, 2006, the trial court granted Advantage's motion to sever and severed this cause into cause number 2006-05-2322-C; however, it does not appear that an appeal was perfected from this severed cause number.

2) It does not appear that the judgment from which this appeal is taken is a final, appealable judgment since it does not appear that the cause of action against American Labor Service, Inc. has been disposed of.

3) If the judgment is final, then it appears that the notice of appeal was untimely filed.

Pursuant to Tex. R. App. P. 42.3, notice of these defects was given so that steps could be taken to correct the defects, if it could be done. Appellant was advised that, if the defects were not corrected within ten days from the date of receipt of this notice, the appeal would be dismissed. Appellant's response to this Court's notice was received and filed on August 9, 2007. In his response, appellant agreed with this Court's observation that there was no final judgment in trial court number 2004-12-6127-C, and he agreed that no attempt was made to perfect an appeal from the severed cause number (2006-05-2322-C).

The Court, having considered the documents on file and appellant's response 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 16^th day of August, 2007.