Robert Zuniga v. Jorge A. Martinez, M.D. and James A. Donovitz, M.D.

• Court: Court of Appeals of Texas
• Decided: August 31, 2005
• Docket: 13-05-00137-CV
• Status: Published

Opinion

                             NUMBER 13-05-137-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

_________________________________________________________________

ROBERT ZUNIGA,                                                    Appellant,

                                           v.

JORGE A. MARTINEZ, M.D., ET AL.,                           Appellees.

_________________________________________________________________

                  On appeal from the 206th District Court

                           of Hidalgo County, Texas.

_________________________________________________________________

                     MEMORANDUM OPINION

                Before Justices Hinojosa, Yañez, and Garza

                       Memorandum Opinion Per Curiam

Appellant, ROBERT ZUNIGA, attempted to perfect an appeal from an order entered by the 206th District Court of Hidalgo County, Texas, in cause no. C-490-03-D.  The clerk=s record was received on June 28, 2005. 

Upon review of the clerk=s record, it appeared that the order from which this appeal was taken was not a final appealable order.  Pursuant to Tex. R. App. P. 42.3, 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 notice, the appeal would be dismissed for want of jurisdiction.  Appellant failed to file a response as requested by this Court.

The Court, having considered the documents on file and appellant=s failure to respond 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 31st day of August, 2005.