Soraya O.Carbone Cociglio v. Jose Correa

• Court: Court of Appeals of Texas
• Decided: January 12, 2023
• Docket: 13-22-00244-CV
• Status: Published

Opinion

NUMBER 13-22-00244-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

SORAYA O. CARBONE COCIGLIO, Appellant,

v.

JOSE CORREA, Appellee. ____________________________________________________________

On appeal from the County Court at Law No. 4 of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Benavides, Tijerina, and Peña Memorandum Opinion by Justice Tijerina

This matter is before the court on appellant’s motion for extension, which the court

construes as a motion to extend the time to cure defects in the notice of appeal, and

appellee’s motion to dismiss. On May 31, 2022, the Clerk of the Court notified appellant

that her notice of appeal was not in compliance with the Texas Rules of Appellate Procedure 9.1 and 9.5. Appellant was provided thirty days from the first notice to cure the

defects, if it could be done; appellant has been granted three extensions to cure the

defects in the notice of appeal. On December 8, 2022, we granted the most recent

extension by order providing that failing to file an amended notice of appeal within ten

days will result in dismissal of this matter. See TEX. R. APP. P. 42.3(b),(c).

Appellant failed to cure the defect in her notice of appeal other than to request

additional time and has failed to state sufficient cause for such delay. Appellant’s motion

for extension of time is denied, and appellee’s motion to dismiss is granted. Accordingly,

the appeal is dismissed for want of prosecution. See TEX. R. APP. P. 42.3(b), (c). Costs

will be taxed against the appellant. See TEX. R. APP. P. 42.1(d) ("Absent agreement of the

parties, the court will tax costs against the appellant.").

JAIME TIJERINA Justice

Delivered and filed the 12th day of January, 2023.