Michael Goode v. Thelma Lee Goode

• Court: Court of Appeals of Texas
• Decided: September 23, 2004
• Docket: 13-03-00773-CV
• Status: Published

Opinion

NUMBER 13-03-773-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_____________________________________________________________________

MICHAEL GOODE,                                                            Appellant,

v.

THELMA LEE GOODE,                                                        Appellee.

_____________________________________________________________________

On appeal from the 267th District Court

of Victoria County, Texas

_____________________________________________________________________

MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Memorandum Opinion Per Curiam

         Appellant, MICHAEL GOODE, attempted to perfect an appeal from a judgment entered by the 267th District Court of Victoria County, Texas, in cause number 01-8-56,909-C. Judgment in this cause was signed on December 2, 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 January 2, 2004, but was not filed until February 6, 2004.

         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.

         The Court, having examined and fully considered the documents on file, appellant’s failure to timely perfect his appeal, and appellant’s 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 23^rd day of September, 2004.