Noble C. Ginther, Jr. v. Bank of America, N. A.

Court of Appeals of Texas

Noble C. Ginther, Jr. v. Bank of America, N. A.

DecidedSeptember 30, 2004

Docket13-04-00251-CV

StatusPublished

This text of Noble C. Ginther, Jr. v. Bank of America, N. A. (Noble C. Ginther, Jr. v. Bank of America, N. A.) 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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Noble C. Ginther, Jr. v. Bank of America, N. A., (Tex. Ct. App. 2004).

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NUMBER 13-04-251-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_________________________________________________________

NOBLE C. GINTHER, JR., ET AL., Appellants,

v.

BANK OF AMERICA, N.A., ET AL., Appellees.

On appeal from the 319th District Court

of Nueces County, Texas.

MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Memorandum Opinion Per Curiam

Appellant’s, NOBLE C. GINTHER, JR., ET AL., attempted to perfect an appeal from an order entered by the 319th District Court of Nueces County, Texas, in cause no. 03-646-G. The clerk’s record was received on May 18, 2004.

Upon review of the clerk’s record, it appeared that the order from 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. Appellants were 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. Appellants failed to file a response as requested by this Court’s notice.

The Court, having considered the documents on file and appellants’ 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 30^th day of September, 2004.

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NUMBER 13-04-251-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_________________________________________________________

NOBLE C. GINTHER, JR., ET AL., Appellants,

v.

BANK OF AMERICA, N.A., ET AL., Appellees.

On appeal from the 319th District Court

of Nueces County, Texas.

MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Memorandum Opinion Per Curiam

Appellant’s, NOBLE C. GINTHER, JR., ET AL., attempted to perfect an appeal from an order entered by the 319th District Court of Nueces County, Texas, in cause no. 03-646-G. The clerk’s record was received on May 18, 2004.

Upon review of the clerk’s record, it appeared that the order from 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. Appellants were 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. Appellants failed to file a response as requested by this Court’s notice.

The Court, having considered the documents on file and appellants’ 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 30^th day of September, 2004.

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