Jose Antonio Ortiz Fernandez v. First Brownsville Money Exchange, Inc.

• Court: Court of Appeals of Texas
• Decided: October 9, 2003
• Docket: 13-03-00448-CV
• Status: Published

Opinion

NUMBER 13-03-448-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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JOSE ANTONIO ORTIZ FERNANDEZ, Appellant,

v.

FIRST BROWNSVILLE MONEY EXCHANGE, INC., ET AL., Appellees.

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On appeal from the 138th District Court of Cameron County, Texas

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MEMORANDUM OPINION

Before Justices Hinojosa, Yanez, and Rodriguez

Opinion Per Curiam

Appellant, JOSE ANTONIO ORTIZ FERNANDEZ, attempted to perfect an appeal from a judgment entered by the 138th District Court of Cameron County, Texas, in cause number 2002-06-2476-B. Judgment in this cause was signed on March 27, 2003. No timely motion for new trial was filed. Pursuant to Tex. R. App. P. 26.1, appellant's notice of appeal was due on April 26, 2003, but was not filed until June 20, 2003.

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. To date, no response has been received from appellant. Appellees have filed a motion to dismiss the appeal for lack of jurisdiction.

The Court, having examined and fully considered the documents on file, appellant's failure to timely perfect his appeal, appellant's failure to respond to this Court's notice, and appellees' motion to dismiss, is of the opinion that the appeal should be dismissed for want of jurisdiction. Appellees' motion to dismiss is GRANTED, and the appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Opinion delivered and filed this

the 9^th day of October, 2003.