Paul C. Dittsworth v. Estella Dittsworth

• Court: Court of Appeals of Texas
• Decided: September 30, 2004
• Docket: 13-04-00381-CV
• Status: Published

Opinion

NUMBER 13-04-381-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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PAUL C. DITTSWORTH,                                                    Appellant,

v.

ESTELLA DITTSWORTH,                                                     Appellee.

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On appeal from the 117th District Court of Nueces County, Texas

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MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Memorandum Opinion Per Curiam

         Appellant, PAUL C. DITTSWORTH, attempted to perfect an appeal from a judgment entered by the 117th District Court of Nueces County, Texas, in cause number 04-0237-B. Judgment in this cause was signed on March 23, 2004. A timely motion for new trial was filed. Pursuant to Tex. R. App. P. 26.1, appellant’s notice of appeal was due on June 21, 2004, but was not filed until June 28, 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 30^th day of September, 2004.