Miguel Zaragoza v. Eli Davila

Court of Appeals of Texas·Decided November 18, 2010·No. 13-10-00476-CV·Published

Opinion

                                       NUMBER 13-10-00476-CV

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

____________________________________________________________

MIGUEL ZARAGOZA,                                                                  Appellant,

                                                             v.

ELI DAVILA, ET AL.,                                                                     Appellees.

                           On appeal from the 275th District Court

                                       of Hidalgo County, Texas.

                               MEMORANDUM OPINION

Before Justices Yañez, Garza, and Benavides

Memorandum Opinion Per Curiam


Appellant, Miguel Zaragoza, appealed a judgment entered by the 275th District Court of Hidalgo County, Texas.  On August 26, 2010, the Clerk of this Court notified appellant that the notice of appeal failed to comply with Texas Rule of Appellate Procedure 9.5(e) and 25.1(d)(2).  See Tex. R. App. P. 9.5(e), 25.1(d)(2).  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 August 26, 2010, the Court received an amended notice of appeal.  October 7, 2010, the Clerk again notified appellant that the defects had not been corrected and warned appellant that the appeal would be dismissed if the defects were not cured within ten days.  To date, the defects have not been corrected.   See Tex. R. App. P. 42.3(b),(c). 

The Court, having considered the documents on file and appellant=s failure to correct these defects, is of the opinion that the appeal should be dismissed.  See id.  42.3(b),(c).  Accordingly, the appeal is DISMISSED for want of prosecution.                              

                                                                                                            PER CURIAM

Delivered and filed the

18th day of November, 2010.

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