Sir Maurice Johnson v. Nancy A. Perez

• Court: Court of Appeals of Texas
• Decided: September 27, 2007
• Docket: 13-06-00252-CV
• Status: Published

Opinion

NUMBER 13-06-252-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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SIR MAURICE JOHNSON, Appellant,

v.

NANCY A. PEREZ, ET AL., Appellees.

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On appeal from the 36th District Court of Bee County, Texas

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MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Vela

Memorandum Opinion Per Curiam

Appellant, SIR MAURICE JOHNSON, attempted to perfect an appeal from an order entered by the 36th District Court of Bee County, Texas, in cause number B-05-1089-CV-A. The order of dismissal in this cause was signed on November 9, 2005. An untimely motion for reconsideration was filed on January 9, 2006. Pursuant to Tex. R. App. P. 26.1, appellant's notice of appeal was due on December 9, 2005, but was not filed until January 9, 2006.

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 filed a motion to extend the time to correct the defect; however, to date, appellant has failed to correct the defect or otherwise show this Court's jurisdiction in this matter.

The Court, having examined and fully considered the documents on file and appellant's failure to timely perfect his appeal, is of the opinion that the appeal should be dismissed for want of jurisdiction. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION. All pending motions in this cause are dismissed as moot.

PER CURIAM

Memorandum Opinion delivered and filed this

the 27th day of September, 2007.