Information Referral Resource Assistance, Inc. v. Dr. Ismael Cantu

• Court: Court of Appeals of Texas
• Decided: April 5, 2012
• Docket: 13-12-00113-CV
• Status: Published

Opinion

NUMBER 13-12-00113-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

INFORMATION REFERRAL RESOURCE ASSISTANCE, INC., Appellant,

v.

DR. ISMAEL CANTU, Appellee. ____________________________________________________________

On Appeal from the 275th District Court of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Benavides, Vela, and Perkes Memorandum Opinion Per Curiam

Appellant, Information Referral Resource Assistance, Inc., attempted to perfect an

appeal from a judgment entered by the 275th District Court of Hidalgo County, Texas, in

cause number C-1003-08-E. Judgment in this cause was signed on April 8, 2011. Pursuant to Texas Rule of Appellate Procedure 26.1, appellant=s notice of appeal was

due on May 9, 2011, but was not filed until February 8, 2012.

On February 24, 2012, 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. 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 providing a reasonable explanation for the late filing of the notice of appeal.

The Court, having examined and fully considered the documents on file,

appellant=s failure to timely perfect the 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. Accordingly, the appeal is hereby DISMISSED FOR WANT OF

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

PER CURIAM

Delivered and filed the 5th day of April, 2012.