Jesse Eleazar Hernandez v. Frost National Bank, Jo Summers, and Ray Jenkins

• Court: Court of Appeals of Texas
• Decided: June 27, 2002
• Docket: 13-01-00458-CV
• Status: Published

Opinion

                                   NUMBER 13-01-458-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                                CORPUS CHRISTI

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JESSE ELEAZAR HERNANDEZ,                                               Appellant,

                                                   v.

FROST NATIONAL BANK, ET AL.,                                          Appellees.

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                        On appeal from the 206th District Court

                                  of Hidalgo County, Texas.

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                                   O P I N I O N

                   Before Justices Dorsey, Rodriguez, and Castillo

                                       Opinion Per Curiam

Appellant, Jesse Eleazar Hernandez, perfected an appeal from a judgment entered by the 206th District Court of Hidalgo County, Texas, in cause number C-396-01-D.  On December 3, 2001, this Court marked appellant=s brief Areceived.@  However, because the brief did not comply with rule 38.1 of the Texas Rules of Appellate Procedure, we advised appellant it would be necessary for him to file an amended brief within ten days.  See Tex. R. App. P. 38.1.  Appellant timely tendered his amended brief on December 14, 2001; however, this brief also failed to comply with the rules of appellate procedure.  See id.  Appellant was again advised that his brief failed to comply with Tex. R. App. P. 38.1, and was advised that it would be necessary for him to file an amended brief.  Appellant tendered an amended brief on March 14, 2002; however, this brief also failed to comply with the rules of appellate procedure.  On May 7, 2002, appellant was further advised in accordance with Texas Rule of Appellate Procedure 42.3 that, if a proper appellate brief was not filed by May 22, 2002, the appeal would be dismissed for failure to comply with the rules of appellate procedure and this court=s order.  See Tex. R. App. P. 42.3.  Appellant failed to tender a proper brief by May 22, 2002.

Accordingly, the Court, having considered the documents on file and appellant=s failure to file a proper appellate brief, is of the opinion that the appeal should be dismissed.  The appeal is hereby dismissed.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed

this 27th day of June, 2002.