Raul J. Stevens v. Gilberto Lucio and Estela Lucio

• Court: Court of Appeals of Texas
• Decided: August 5, 2010
• Docket: 13-09-00642-CV
• Status: Published

Opinion

NUMBER 13-09-00642-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

RAUL J. STEVENS, APPELLANT,

v.

GILBERTO LUCIO AND ESTELA LUCIO, APPELLEES. ____________________________________________________________

On Appeal from the 103rd District Court of Cameron County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Rodriguez, Benavides, and Vela Memorandum Opinion Per Curiam

Appellant, Raul J. Stevens, appealed a judgment entered by the 103rd District

Court of Cameron County, Texas. On December 2, 2009, the Clerk of this Court notified

appellant that the notice of appeal failed to comply with Texas Rule of Appellate

Procedure 9.5. See TEX. R. APP. P. 9.5. 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 June 15, 2010, the Clerk notified appellant that the defect had not been

corrected and warned appellant that the appeal would be dismissed if the defect was not

cured within ten days. To date, the defect has not been corrected.

The Court, having considered the documents on file and appellant=s failure to

correct this defect, is of the opinion that the appeal should be dismissed. See id. 37.3,

42.3(b),(c). Accordingly, the appeal is DISMISSED for want of prosecution.

PER CURIAM

Delivered and filed 5th day of August, 2010.