State Farm County General Insurance Company v. Leslie Torres A/K/A Leslie Ann Lucio Torres A/K/A Leslie Ann Serrato A/ka Leslie Lucio Serrato

• Court: Court of Appeals of Texas
• Decided: March 31, 2011
• Docket: 13-10-00527-CV
• Status: Published

Opinion

                                       NUMBER 13-10-00527-CV

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

____________________________________________________________

STATE FARM COUNTY GENERAL

INSURANCE COMPANY,                                                       APPELLANT,

                                                             v.

LESLIE TORRES A/K/A LESLIE ANN LUCIO TORRES

A/K/A LESLIE ANN SERRATO A/K/A LESLIE LUCIO-SERRATO,        APPELLEE.

                           On Appeal from the 23rd District Court

                                    of Matagorda County, Texas.

                               MEMORANDUM OPINION

                               Before Justices Garza, Vela, and Perkes

Memorandum Opinion Per Curiam

This matter is before the Court on a defective notice of appeal and appellant's failure to correct the defect.  On November 3, 2010, and February 8, 2011, the Court advised appellant that the notice of appeal was not in compliance with Texas Rule of Appellate Procedure 25.1(d)(2) and informed appellant that the appeal would be dismissed if the defect was not cured after the expiration of ten days from the date of receipt of the Court's notice.  See Tex. R. App. P. 25.1(d)(2), 37.1, 42.3(b),(c).  Appellant has failed to correct the defect or otherwise respond to the Court's notices.

            On its own motion, with ten days notice to the parties, an appellate court may dismiss a civil appeal for want of prosecution or failure to comply with a notice from the clerk requiring a response or other action within a specified time. See Tex. R. App. P. 42.3(b),(c).  Accordingly, we dismiss the appeal for want of prosecution and failure to comply with a notice from the Court.  See id.

                                                                                    PER CURIAM

Delivered and filed the

31st day of March, 2011.