James G. Palumbo and Cheri C. Palumbo v. Laguna Madre Construction, Inc. D/B/A Bay Area Construction

• Court: Court of Appeals of Texas
• Decided: February 7, 2013
• Docket: 13-12-00761-CV
• Status: Published

Opinion

NUMBER 13-12-00761-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

JAMES G. PALUMBO AND CHERI C. PALUMBO, Appellants,

v.

LAGUNA MADRE CONSTRUCTION, INC. D/B/A BAY AREA CONSTRUCTION, Appellee. ____________________________________________________________

On appeal from the 103rd District Court of Cameron County, Texas. ____________________________________________________________

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

Appellants, James G. Palumbo and Cheri C. Palumbo, attempted to perfect an

appeal from an order entered by the 103rd District Court of Cameron, County, Texas, in

cause no. 2011-DCL-03781-D. Upon review of the documents before the Court, it

appeared that the order from which this appeal was taken was not an appealable order. The Clerk of this Court notified appellants 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. Appellants were

advised that, if the defect was not corrected within ten days from the date of receipt of this

notice, the appeal would be dismissed for want of jurisdiction. Appellants have failed to

respond to the Court’s notice.

The Court, having considered the documents on file and appellants’ failure to

correct the defect in this matter, is of the opinion that the appeal should be dismissed for

want of jurisdiction. See id. Accordingly, the appeal is DISMISSED FOR WANT OF

JURISDICTION. See id. 42.3(a),(c).

PER CURIAM

Delivered and filed the 7th day of February, 2013.