Jesus A. Bazan v. Union Carbide Corporation, Etal.

• Court: Court of Appeals of Texas
• Decided: June 8, 2006
• Docket: 13-05-00570-CV
• Status: Published

Opinion

                             NUMBER 13-05-570-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

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JESUS A. BAZAN, ET AL.,                                       Appellants,

                                           v.

UNION CARBIDE CORPORATION, ET AL.,                    Appellees.

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                  On appeal from the 319th District Court

                           of Nueces County, Texas.

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                     MEMORANDUM OPINION

                  Before Justices Hinojosa, Rodriguez, and Castillo

                             Memorandum 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 no. 01-03149-G.  The clerk=s record was received on March 16, 2006. 

A review of the clerk=s record in this cause fails to  affirmatively reflect that this Court has jurisdiction over this appeal.  First, the record fails to reflect that the order from which this appeal is taken is a final, appealable judgment.  Second, it appears that several parties have filed suggestions of bankruptcy; however, the record fails to reflect that any bankruptcy stay has been lifted or the case otherwise remanded to the trial court.  Finally, it does not appear that the notice of appeal was timely filed.  Pursuant to Tex. R. App. P. 42.3, notice of these defects was given so that steps could be taken to correct the defects, if it could be done.  Appellants were advised that, if the defects were not corrected within ten days from the date of receipt of this notice, the appeal would be dismissed for want of jurisdiction.  Appellants failed to file a response as requested by this Court=s notice.

The Court, having considered the documents on file and appellants= failure to respond to this Court=s notice, is of the opinion that the appeal should be dismissed for want of jurisdiction. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Memorandum Opinion delivered and filed this

the 8th day of June, 2006.