Rolando Martinez Calderoni v. Mario R. Villarreal

• Court: Court of Appeals of Texas
• Decided: April 28, 2005
• Docket: 13-05-00153-CV
• Status: Published

Opinion

NUMBER 13-05-153-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

________________________________________________________

ROLANDO MARTINEZ CALDERONI,                                    Appellant,

v.

MARIO R. VILLARREAL,                                                     Appellee.

_________________________________________________________

On appeal from the 357th District Court

of Cameron County, Texas.

_______________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Garza

Memorandum Opinion Per Curiam

         Appellant, ROLANDO MARTINEZ CALDERONI, attempted to perfect an appeal from an order entered by the 357th District Court of Cameron County, Texas, in cause number 2004-10-4976-E. The clerk’s record was received on March 8, 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’s notice.

         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 28th day of April, 2005.