Ricardo Garcia Gonzalez and Rosalinda Garcia v. Carlos Moran D/B/A Moran Construction Co.

Court of Appeals of Texas

Ricardo Garcia Gonzalez and Rosalinda Garcia v. Carlos Moran D/B/A Moran Construction Co.

DecidedNovember 10, 2005

Docket13-05-00612-CV

StatusPublished

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Ricardo Garcia Gonzalez and Rosalinda Garcia v. Carlos Moran D/B/A Moran Construction Co., (Tex. Ct. App. 2005).

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Opinion

NUMBER 13-05-612-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

___________________________________________________________________

RICARDO GARCIA GONZALEZ AND

ROSALINDA GARCIA, Appellants,

v.

CARLOS MORAN D/B/A MORAN CONSTRUCTION CO., Appellee.

___________________________________________________________________

On appeal from the 404th District Court

of Cameron County, Texas

___________________________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Garza

Memorandum Opinion Per Curiam

Appellants, RICARDO GARCIA GONZALEZ AND ROSALINDA GARCIA, attempted to perfect an appeal from a judgment entered by the 404th District Court of Cameron County, Texas, in cause number 2003-04-2042-G. Judgment in this cause was signed on June 16, 2005. A timely motion for new trial was filed. Pursuant to Tex. R. App. P. 26.1, appellants= notice of appeal was due on September 14, 2005, but was not filed until September 15, 2005.

Notice of this defect was given so that steps could be taken to correct the defect, if it could be done. Appellants were 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. Appellants= response was received and filed on October 17, 2005. In their response, appellants state that the appeal in this cause will not be perfected.

The Court, having examined and fully considered the documents on file, appellants= failure to timely perfect their appeal, and appellants= 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 10th day of November, 2005.

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NUMBER 13-05-612-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

___________________________________________________________________

RICARDO GARCIA GONZALEZ AND

ROSALINDA GARCIA, Appellants,

v.

CARLOS MORAN D/B/A MORAN CONSTRUCTION CO., Appellee.

___________________________________________________________________

On appeal from the 404th District Court

of Cameron County, Texas

___________________________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Garza

Memorandum Opinion Per Curiam

Appellants, RICARDO GARCIA GONZALEZ AND ROSALINDA GARCIA, attempted to perfect an appeal from a judgment entered by the 404th District Court of Cameron County, Texas, in cause number 2003-04-2042-G. Judgment in this cause was signed on June 16, 2005. A timely motion for new trial was filed. Pursuant to Tex. R. App. P. 26.1, appellants= notice of appeal was due on September 14, 2005, but was not filed until September 15, 2005.

Notice of this defect was given so that steps could be taken to correct the defect, if it could be done. Appellants were 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. Appellants= response was received and filed on October 17, 2005. In their response, appellants state that the appeal in this cause will not be perfected.

The Court, having examined and fully considered the documents on file, appellants= failure to timely perfect their appeal, and appellants= 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 10th day of November, 2005.

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