Jesus A. Bazan v. American Insurance Association, Inc.

Court of Appeals of Texas

Jesus A. Bazan v. American Insurance Association, Inc.

DecidedMay 20, 2004

Docket13-04-00074-CV

StatusPublished

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Jesus A. Bazan v. American Insurance Association, Inc., (Tex. Ct. App. 2004).

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Opinion

NUMBER 13-04-074-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

___________________________________________________________________

JESUS A. BAZAN, ET AL., Appellants,

v.

AMERICAN INSURANCE ASSOCIATION, INC., Appellee.

___________________________________________________________________

On appeal from the 319th District Court of Nueces County, Texas

___________________________________________________________________

MEMORANDUM OPINION

Before Justices Yañez, Rodriguez, and Castillo

Opinion Per Curiam

Appellants, JESUS A. BAZAN, ET AL., attempted to perfect an appeal from an order entered by the 319th District Court of Nueces County, Texas, in cause number 03-7665-G. The order in this cause was signed on October 28, 2003. An untimely motion for new trial was filed on December 12, 2003. Pursuant to Tex. R. App. P. 26.1, appellant’s notice of appeal was due on December 1, 2003, but was not filed until February 10, 2004.

Notice of this defect was given 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. An untimely motion to extend time to file notice of appeal was received on February 13, 2004. Appellants’ response to this Court’s notice was received on March 23, 2004.

The Court, having examined and fully considered the documents on file, appellants’ failure to timely perfect their appeal, appellants’ untimely motion to extend time to file notice of appeal, and appellants’ response to this Court’s notice, is of the opinion that the appeal should be dismissed for want of jurisdiction. Appellants’ untimely motion to extend time to file notice of appeal and the appeal are hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Opinion delivered and filed this

the 20^th day of May, 2004.

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NUMBER 13-04-074-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

___________________________________________________________________

JESUS A. BAZAN, ET AL., Appellants,

v.

AMERICAN INSURANCE ASSOCIATION, INC., Appellee.

___________________________________________________________________

On appeal from the 319th District Court of Nueces County, Texas

___________________________________________________________________

MEMORANDUM OPINION

Before Justices Yañez, Rodriguez, and Castillo

Opinion Per Curiam

Appellants, JESUS A. BAZAN, ET AL., attempted to perfect an appeal from an order entered by the 319th District Court of Nueces County, Texas, in cause number 03-7665-G. The order in this cause was signed on October 28, 2003. An untimely motion for new trial was filed on December 12, 2003. Pursuant to Tex. R. App. P. 26.1, appellant’s notice of appeal was due on December 1, 2003, but was not filed until February 10, 2004.

Notice of this defect was given 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. An untimely motion to extend time to file notice of appeal was received on February 13, 2004. Appellants’ response to this Court’s notice was received on March 23, 2004.

The Court, having examined and fully considered the documents on file, appellants’ failure to timely perfect their appeal, appellants’ untimely motion to extend time to file notice of appeal, and appellants’ response to this Court’s notice, is of the opinion that the appeal should be dismissed for want of jurisdiction. Appellants’ untimely motion to extend time to file notice of appeal and the appeal are hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Opinion delivered and filed this

the 20^th day of May, 2004.

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