Greg and Cathy Lavender v. Kris Hawkins

Court of Appeals of Texas

Greg and Cathy Lavender v. Kris Hawkins

DecidedMay 17, 2007

Docket13-06-00022-CV

StatusPublished

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Greg and Cathy Lavender v. Kris Hawkins, (Tex. Ct. App. 2007).

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Opinion

NUMBER 13-06-022-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_____________________________ _____________________________________

GREG AND CATHY LAVENDER, Appellants,

v.

KRIS HAWKINS, Appellee.

____________________________ _____________________________________

On appeal from County Court at Law No. 5 of Nueces County, Texas.

______________________________ ____________________________________

MEMORANDUM OPINION

Before Justices Yañez, Garza, and Benavides

Memorandum Opinion Per Curiam

Appellants, GREG AND CATHY LAVENDER, attempted to perfect an appeal from a judgment entered by County Court at Law No. 5 of Nueces County, Texas, in cause number 05-62246-5. A defective notice of appeal was filed in this Court on January 11, 2006. On January 12, 2006, this Court gave notice to appellants that the notice of appeal was not in compliance with Tex. R. App. P. 25.1(d) and 9.5. Pursuant to Tex. R. App. P. 37.1, appellants were given notice of the defect and were directed to file an amended notice of appeal within thirty days from the date of the notice. Appellants failed to correct the defective notice of appeal. On March 17, 2006, April 5, 2006, and May 2, 2006, notices were sent to appellants in accordance with Tex. R. App. P. 42.3. Appellants were advised that they had failed to comply with this Court's request to amend the notice of appeal, and notice was given that, unless the defect was corrected, the appeal would be dismissed. The Court's letters were returned, and the Court was informed that appellants were no longer at the addresses given to this Court and had left no forwarding address.

Accordingly, because appellants have failed to comply with this Court's request to amend the notice of appeal, and appellants have not provided us with any other address or means of contacting them, we dismiss this appeal for failure to comply with an order of this Court. See Tex. R. App. P. 42.3(c).

PER CURIAM

Memorandum Opinion delivered and filed

this the 17th day of May, 2007.

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NUMBER 13-06-022-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_____________________________ _____________________________________

GREG AND CATHY LAVENDER, Appellants,

v.

KRIS HAWKINS, Appellee.

____________________________ _____________________________________

On appeal from County Court at Law No. 5 of Nueces County, Texas.

______________________________ ____________________________________

MEMORANDUM OPINION

Before Justices Yañez, Garza, and Benavides

Memorandum Opinion Per Curiam

Appellants, GREG AND CATHY LAVENDER, attempted to perfect an appeal from a judgment entered by County Court at Law No. 5 of Nueces County, Texas, in cause number 05-62246-5. A defective notice of appeal was filed in this Court on January 11, 2006. On January 12, 2006, this Court gave notice to appellants that the notice of appeal was not in compliance with Tex. R. App. P. 25.1(d) and 9.5. Pursuant to Tex. R. App. P. 37.1, appellants were given notice of the defect and were directed to file an amended notice of appeal within thirty days from the date of the notice. Appellants failed to correct the defective notice of appeal. On March 17, 2006, April 5, 2006, and May 2, 2006, notices were sent to appellants in accordance with Tex. R. App. P. 42.3. Appellants were advised that they had failed to comply with this Court's request to amend the notice of appeal, and notice was given that, unless the defect was corrected, the appeal would be dismissed. The Court's letters were returned, and the Court was informed that appellants were no longer at the addresses given to this Court and had left no forwarding address.

Accordingly, because appellants have failed to comply with this Court's request to amend the notice of appeal, and appellants have not provided us with any other address or means of contacting them, we dismiss this appeal for failure to comply with an order of this Court. See Tex. R. App. P. 42.3(c).

PER CURIAM

Memorandum Opinion delivered and filed

this the 17th day of May, 2007.

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