Reyes Urbina v. Designer Homes Co., Inc., Onesimo Martinez, Javier Villescas [Erroneously Sued as Javier Bilolescas or Billescas], Compass Bank and Gregory S. Kazen, in His Capacity Only as Substitute Trustee

Opinion

NUMBER 13-11-00326-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

REYES URBINA, Appellant,

v.

DESIGNER HOMES CO., INC., ONESIMO MARTINEZ, XAVIER VILLESCAS [ERRONEOUSLY SUED AS JAVIER BILOLESCAS OR BILLESCAS], COMPASS BANK AND GREGORY S. KAZEN, IN HIS CAPACITY ONLY AS SUBSTITUTE TRUSTEE, Appellees. ____________________________________________________________

On Appeal from the 275th District Court of Hidalgo County, Texas. ____________________________________________________________

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

This matter is before the Court on a defective notice of appeal and appellant's

failure to correct the defect. On June 2, 2011, the Court advised appellant that the notice

of appeal was not in compliance with Texas Rule of Appellate Procedure 25.1(d)(2) and 9.5(e)(3). See TEX. R. APP. P. 25.1(d)(2), 9.5(e)(3). 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 July 19, 2011, the Clerk notified appellant that the defects had not been

corrected and warned appellant that the appeal would be dismissed if the defects were

not cured within ten days. Appellant has failed to correct the defects or otherwise

respond to the Court's notices.

On its own motion, with ten days notice to the parties, an appellate court may

dismiss a civil appeal for want of prosecution or failure to comply with a notice from the

clerk requiring a response or other action within a specified time. See TEX. R. APP. P.

42.3(b), (c). Accordingly, we dismiss the appeal for want of prosecution and failure to

comply with a notice from the Court. See id.

Delivered and filed the 25th day of August, 2011.