Joyce Shaw v. Bill Dunn

• Court: Court of Appeals of Texas
• Decided: November 27, 2002
• Docket: 13-02-00580-CV
• Status: Published

Opinion

                                   NUMBER 13-02-580-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                                CORPUS CHRISTI

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JOYCE SHAW,                                                                     Appellant,

                                                   v.

BILL DUNN,                                                                           Appellee.

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                   On appeal from the County Court at Law No. 3

                                  of Nueces County, Texas

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                                   O P I N I O N

                   Before Justices Dorsey, Rodriguez, and Castillo

                                       Opinion Per Curiam

Appellant, JOYCE SHAW, attempted to perfect an appeal from a judgment entered by the County Court at Law No. 3 of Nueces County, Texas, in cause number 97-60337-3.  Judgment in this cause was signed on June 26, 2002.  A timely motion for new trial was filed on July 9, 2002.  Pursuant to Tex. R. App. P. 26.1, appellant=s notice of appeal was due on September 24, 2002, but was not filed until October 16, 2002. 

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.  Appellant=s untimely motion for leave to file notice of appeal was received on October 22, 2002.  Appellee=s response was received and filed on October 25, 2002.

The Court, having examined and fully considered the documents on file, appellant=s failure to timely perfect her appeal, appellant=s untimely motion for leave to file notice of appeal, and appellee=s response, is of the opinion that appellant=s motion should be denied and the appeal should be dismissed for want of jurisdiction.  Appellant=s motion for leave to file notice of appeal is DENIED.  The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 27^th day of November, 2002.