Robert Olivares v. First Community Credit Union

• Court: Court of Appeals of Texas
• Decided: January 13, 2005
• Docket: 13-04-00615-CV
• Status: Published

Opinion

NUMBER 13-04-615-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_________________________________________________________

ROBERT OLIVARES,                                                          Appellant,

v.

FIRST COMMUNITY CREDIT UNION,                                    Appellee.

On appeal from the 343rd District Court

of San Patricio County, Texas

MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Memorandum Opinion Per Curiam

         Appellant, ROBERT OLIVARES, attempted to perfect an appeal from a judgment entered by the 343rd District Court of San Patricio County, Texas, in cause number S-04-5474-CV-C. Judgment in this cause was signed on July 1, 2004. No timely motion for new trial was filed. Pursuant to Tex. R. App. P. 26.1, appellant’s notice of appeal was due on August 2, 2004, but was not filed until November 23, 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. Appellant ‘s untimely motion for leave to file notice of appeal was received on January 4, 2005.

         The Court, having examined and fully considered the documents on file, appellant’s failure to timely perfect his appeal, and appellant’s untimely motion for leave to file notice of 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 13^th day of January, 2005.