Henry, Thomas J. v. Winter, Gary, D/B/A Light Surroundings

Court of Appeals of Texas

Henry, Thomas J. v. Winter, Gary, D/B/A Light Surroundings

DecidedApril 6, 2000

Docket13-00-00083-CV

StatusPublished

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Henry, Thomas J. v. Winter, Gary, D/B/A Light Surroundings, (Tex. Ct. App. 2000).

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Opinion

NUMBER 13-00-083-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

___________________________________________________________________

THOMAS J. HENRY, Appellant,

v.

GARY W. WINTER D/B/A LIGHT SURROUNDINGS, Appellee.

___________________________________________________________________

On appeal from the County Court at Law No. 2

of Nueces County, Texas

___________________________________________________________________

O P I N I O N

Before Justices Hinojosa, Yañez, and Chavez

Opinion Per Curiam

Appellant, THOMAS J. HENRY, attempted to perfect an appeal from a judgment entered by the County Court at Law No. 2 of Nueces County, Texas, in cause number 98-60897-2. Judgment in this cause was signed on October 18, 1999. A timely motion for new trial was filed on November 17, 1999. Pursuant to Tex. R. App. P. 26.1, appellant's notice of appeal was due on January 17, 2000, but was not filed until February 2, 2000.

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Do not publish.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 6^th day of April, 2000.

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NUMBER 13-00-083-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

___________________________________________________________________

THOMAS J. HENRY, Appellant,

v.

GARY W. WINTER D/B/A LIGHT SURROUNDINGS, Appellee.

___________________________________________________________________

On appeal from the County Court at Law No. 2

of Nueces County, Texas

___________________________________________________________________

O P I N I O N

Before Justices Hinojosa, Yañez, and Chavez

Opinion Per Curiam

Appellant, THOMAS J. HENRY, attempted to perfect an appeal from a judgment entered by the County Court at Law No. 2 of Nueces County, Texas, in cause number 98-60897-2. Judgment in this cause was signed on October 18, 1999. A timely motion for new trial was filed on November 17, 1999. Pursuant to Tex. R. App. P. 26.1, appellant's notice of appeal was due on January 17, 2000, but was not filed until February 2, 2000.

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 6^th day of April, 2000.

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Henry, Thomas J. v. Winter, Gary, D/B/A Light Surroundings, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-thomas-j-v-winter-gary-dba-light-surrounding-texapp-2000.