Jean Butts v. THe University of Texas Medical Branch at Galveston

• Court: Court of Appeals of Texas
• Decided: April 22, 2004
• Docket: 14-03-01438-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed April 22, 2004

Dismissed and Memorandum Opinion filed April 22, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-01438-CV

JEAN BUTTS, ET AL., Appellants

V.

UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON, Appellee

On Appeal from the 56th District Court

Galveston County, Texas

Trial Court Cause No. 02CV0865-A

M E M O R A N D U M  O P I N I O N

This is an appeal from an order granting appellee=s plea to the jurisdiction and motion for severance signed September 10, 2003.  On October 2, 2003, appellants filed a motion for new trial.  Appellants filed their notice of appeal October 6, 2003.^[1]  The clerk=s record was filed on December 19, 2003.  The reporter=s record was filed on January 20, 2004.  No brief was filed.

On March 11, 2004, this court issued an order stating that unless appellants submitted their brief, together with a motion reasonably explaining why the brief was late, on or before April 9, 2004, the Court would dismiss the appeal for want of prosecution.  See Tex. R. App. P. 42.3(b).  Appellants filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed April 22, 2004.

Panel consists of Chief Justice Hedges and Justices Frost and Guzman.

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^[1]  The notice of appeal identifies appellants as APlaintiffs and Intervenors.@  A notice of appeal must state the name of each party filing the notice.  Tex. R. App. P. 25.1(d)(5).  Appellants are given broad latitude to amend their notices, however.  See City of San Antonio v. Rodriguez, 828 S.W.2d 417, 418 (Tex. 1992) (permitting amendment of notice of appeal to show correct cause number).  In view of our disposition of this appeal, no amendment will be required.