in the Estate of Ricardo Prida Barrio

• Court: Court of Appeals of Texas
• Decided: December 3, 2020
• Docket: 13-19-00493-CV
• Status: Published

Opinion

NUMBER 13-19-00493-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

In the Estate of Ricardo Prida Barrio, Deceased ____________________________________________________________

On appeal from County Court at Law No 2 of Webb County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Longoria and Perkes Memorandum Opinion by Chief Justice Contreras

Appellant, Miguel Angel Prida, filed a notice of appeal attempting to appeal a

judgment or order signed on August 5, 2019 in cause number 2018-CVQ-000093-L2 in

the County Court at Law No 2 of Webb County, Texas.

A review of the record before the Court reveals there is no final appealable order

in this cause. On December 5, 2019, the Clerk of this Court notified appellant of this defect

so that steps could be taken to correct the defect, if it could be done. See TEX. R. APP. P.

37.1, 42.3. Appellant was advised that, if the defect was not corrected within ten days from the date of receipt of the Court’s notice, the appeal would be dismissed for want of

jurisdiction.

On February 10, 2020, appellant informed the court a status conference was

scheduled but otherwise failed to correct the defect. On March 3, 2020, the clerk notified

appellant that the court had not received an update from the status hearing. Appellant

was again provided notice of the defect and requested the defect be cured, or, was

advised, pursuant to Tex. R. App. P. 42.3, the appeal would be dismissed.

Absent an appealable interlocutory order or final judgment, this Court has no

jurisdiction over this appeal. See Ogletree v. Matthews, 262 S.W.3d 316, 319 n.1 (Tex.

2007); Lehmann, 39 S.W.3d at 195; Northeast Indep. Sch. Dist. v. Aldridge, 400 S.W.2d

893, 895 (Tex. 1966). The Court, having considered the documents on file and appellant's

failure to correct the defect in this matter, is of the opinion that the appeal should be

dismissed for want of jurisdiction. Accordingly, the appeal is DISMISSED FOR WANT OF

JURISDICTION. See TEX. R. APP. P. 42.3(a),(c).

DORI CONTRERAS Chief Justice

Delivered and filed the 3rd day of December, 2020.