Luciano Sarabosing, Jr., M.D., P.A. v. Children's Center of Victoria, L.L.P.

Court of Appeals of Texas

Luciano Sarabosing, Jr., M.D., P.A. v. Children's Center of Victoria, L.L.P.

DecidedSeptember 20, 2007

Docket13-07-00487-CV

StatusPublished

This text of Luciano Sarabosing, Jr., M.D., P.A. v. Children's Center of Victoria, L.L.P. (Luciano Sarabosing, Jr., M.D., P.A. v. Children's Center of Victoria, L.L.P.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Luciano Sarabosing, Jr., M.D., P.A. v. Children's Center of Victoria, L.L.P., (Tex. Ct. App. 2007).

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Opinion

NUMBER 13-07-487-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_______________________________________________________

LUCIANO SARABOSING, JR., M.D., P.A., Appellant,

v.

CHILDREN'S CENTER OF VICTORIA, L.L.P., ET AL., Appellees.

______________________________________________________ _

On appeal from the 267th District Court of Victoria County, Texas.

MEMORANDUM OPINION

Before Justices Rodriguez, Benavides, and Vela

Memorandum Opinion Per Curiam

Appellant, LUCIANO SARABOSING, JR., M.D., P.A., attempted to perfect an appeal from an order entered by the 267th District Court of Victoria County, Texas, in cause no. 06-4-64,203-A. The clerk's record was received on August 7, 2007.

Upon review of the clerk's record, it appeared that the order from which this appeal was taken was not a final appealable order. Pursuant to Tex. R. App. P. 42.3, 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 notice, the appeal would be dismissed for want of jurisdiction. Appellant's response to this Court's notice was received on August 29, 2007. In his response, appellant states that this Court is correct in that the order from which the appeal was taken is not a final appealable order and that the defect cannot be cured at this time. Appellant states that there will be no appeal filed or pursued at this time.

The Court, having considered the documents on file, appellant's response, and appellant's failure to correct the defect in this matter, 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 20th day of September, 2007.

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NUMBER 13-07-487-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_______________________________________________________

LUCIANO SARABOSING, JR., M.D., P.A., Appellant,

v.

CHILDREN'S CENTER OF VICTORIA, L.L.P., ET AL., Appellees.

______________________________________________________ _

On appeal from the 267th District Court of Victoria County, Texas.

MEMORANDUM OPINION

Before Justices Rodriguez, Benavides, and Vela

Memorandum Opinion Per Curiam

Appellant, LUCIANO SARABOSING, JR., M.D., P.A., attempted to perfect an appeal from an order entered by the 267th District Court of Victoria County, Texas, in cause no. 06-4-64,203-A. The clerk's record was received on August 7, 2007.

Upon review of the clerk's record, it appeared that the order from which this appeal was taken was not a final appealable order. Pursuant to Tex. R. App. P. 42.3, 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 notice, the appeal would be dismissed for want of jurisdiction. Appellant's response to this Court's notice was received on August 29, 2007. In his response, appellant states that this Court is correct in that the order from which the appeal was taken is not a final appealable order and that the defect cannot be cured at this time. Appellant states that there will be no appeal filed or pursued at this time.

The Court, having considered the documents on file, appellant's response, and appellant's failure to correct the defect in this matter, 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 20th day of September, 2007.

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