One Hundred Twenty Nine Thousand Eight Hundred Five Dollars in U.S. Currency ($129,805.00) v. State

• Court: Court of Appeals of Texas
• Decided: October 27, 2005
• Docket: 13-05-00499-CV
• Status: Published

Opinion

                             NUMBER 13-05-499-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

_________________________________________________________

ONE HUNDRED TWENTY NINE THOUSAND

EIGHT HUNDRED FIVE DOLLARS IN U.S.

CURRENCY ($129,805.00),                                       Appellant,

                                           v.

THE STATE OF TEXAS,                                              Appellee.

                  On appeal from the 105th District Court

                            of Kleberg County, Texas

                     MEMORANDUM OPINION

             Before Justices Hinojosa, Yañez, and Rodriguez

                       Memorandum Opinion Per Curiam

Appellant, EDGAR ORTIZ-AVILA A/K/A EDGAR ISRAEL ORTIZ, attempted to perfect an appeal from a judgment entered by the 105th District Court of Kleberg County, Texas, in cause number 04-606-D.  Judgment in this cause was signed on March 4, 2005.  A timely motion for new trial and motion to set aside default judgment were filed on March 28, 2005.  Pursuant to Tex. R. App. P. 26.1, appellant=s notice of appeal was due on June 2, 2005, but was not filed until June 24, 2005. 

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 response to this Court=s notice was received on September 14, 2005.

The Court, having examined and fully considered the documents on file, appellant=s failure to timely perfect his appeal, and appellant=s response 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 27th day of October, 2005.