Roy J. Elizondo III v. Andrew Smallbone
This text of Roy J. Elizondo III v. Andrew Smallbone (Roy J. Elizondo III v. Andrew Smallbone) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NUMBER 13-23-00301-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
ROY J. ELIZONDO III, Appellant,
v.
ANDREW SMALLBONE, Appellee.
On appeal from the 148th District Court of Nueces County, Texas.
MEMORANDUM OPINION
Before Justices Tijerina, Silva, and Peña Memorandum Opinion by Justice Peña
On August 29, 2023, this Court issued a memorandum opinion dismissing this
appeal for want of jurisdiction on grounds that the notice of appeal was not timely filed.
See Elizondo v. Smallbone, No. 13-23-00301-CV, 2023 WL 5541118, at *1 (Tex. App.—
Corpus Christi–Edinburg Aug. 29, 2023, no pet.) (mem. op.). By order issued on September 6, 2023, we withdrew our memorandum opinion and accompanying judgment
in the interests of justice. In short, we determined that the viability of the appeal was
related to a petition for writ of mandamus filed by appellant in our appellate cause number
13-23-00376-CV.
On February 9, 2024, the Clerk of this Court notified appellant that it appeared that
there was no final, appealable order in this appellate cause number. See TEX. R. APP. P.
42.3. The Clerk informed appellant that the appeal would be dismissed if this defect was
not cured within ten days. Appellant did not respond to the Clerk’s notice or otherwise
correct the defect in the appeal. See id. R. 42.3(a), (c).
By separate memorandum opinion issued in the petition for writ of mandamus, we
have determined that the trial court has not issued a final judgment or an appealable
interlocutory order, and thus the trial court retains jurisdiction over the underlying case.
See In re Elizondo, No. 13-23-00376-CV, 2024 WL _____, at *__ (Tex. App.—Corpus
Christi–Edinburg Mar. 7, 2024, orig. proceeding) (mem. op.). Accordingly, we dismiss this
appeal for want of jurisdiction.
L. ARON PEÑA JR. Justice
Delivered and filed on the 7th day of March, 2024.
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