Renda Ayers Rushing v. David Rushing

• Court: Court of Appeals of Texas
• Decided: May 24, 2007
• Docket: 13-07-00086-CV
• Status: Published

Opinion

NUMBER 13-07-086-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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RENDA AYERS RUSHING, Appellant,

v.

DAVID RUSHING, Appellee.

On appeal from the 343rd District Court of San Patricio County, Texas

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MEMORANDUM OPINION

Before Justices Yañez, Garza, and Benavides

Memorandum Opinion Per Curiam

Appellant, RENDA AYERS RUSHING, attempted to perfect an appeal from a judgment entered by the 343rd District Court of San Patricio County, Texas, in cause number 06-5273FL-C. Judgment in this cause was signed on September 29, 2006. An untimely motion for new trial was filed on November 20, 2006. Pursuant to Tex. R. App. P. 26.1, appellant's notice of appeal was due on October 30, 2006, but was not filed until February 8, 2007.

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 filed a response to this Court's letter, but otherwise failed to correct the defect.

The Court, having examined and fully considered the documents on file and appellant's failure to timely perfect her appeal, 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 24th day of May, 2007.