Jose Luis Garcia v. Joanna Anaya

• Court: Court of Appeals of Texas
• Decided: August 20, 2012
• Docket: 13-12-00227-CV
• Status: Published

Opinion

NUMBER 13-12-00227-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

JOSE LUIS GARCIA, Appellant,

v.

JOANNA ANAYA, Appellee. ____________________________________________________________

On appeal from the County Court at Law No. 7 of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Rodriguez, Benavides, and Perkes Memorandum Opinion Per Curiam

Appellant, Jose Luis Garcia, appealed a judgment entered by the County Court at

Law No. 7 of Hidalgo County, Texas. On April 16, 2012, the Clerk of this Court notified

appellant that the notice of appeal failed to comply with Texas Rule of Appellate

Procedure 9.5(e). See TEX. R. APP. P. 9.5(e). The Clerk directed appellant to file an

amended notice of appeal with the district clerk's office within 30 days from the date of that notice. On July 9, 2012, the Clerk notified appellant that the defect had not been

corrected and warned appellant that the appeal would be dismissed if the defect was not

cured within ten days. Appellant has not responded to the notice from the Clerk or

corrected the defect.

An appellate court may dismiss a civil appeal for want of prosecution or failure to

comply with a notice from the clerk requiring a response or other action within a specified

time. See Tex. R. App. P. 42.3(b),(c). The Court, having considered the documents on

file, and appellant’s failure to correct the defect, is of the opinion that the appeal should be

dismissed. See id. 37.3, 42.3(b),(c). Accordingly, the appeal is DISMISSED for want of

prosecution and failure to comply with a notice from the Court. See id.

PER CURIAM

Delivered and filed the 20th day of August, 2012.