Thomas G. Alviar v. Hartford Accident and Indemnity Company

Court of Appeals of Texas

Thomas G. Alviar v. Hartford Accident and Indemnity Company

DecidedOctober 12, 2006

Docket13-04-00233-CV

StatusPublished

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Thomas G. Alviar v. Hartford Accident and Indemnity Company, (Tex. Ct. App. 2006).

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Opinion

NUMBER 13-04-233-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

______________________________________________________ _

THOMAS G. ALVIAR, ET AL., Appellants,

v.

HARTFORD ACCIDENT AND INDEMNITY

COMPANY, ET AL., Appellees.

_______________________________________________________

On appeal from the 117th District Court of Nueces County, Texas.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Yañez and Garza

Memorandum Opinion Per Curiam

Appellants, THOMAS G. ALVIAR, ET AL., attempted to perfect an appeal from an order entered by the 117th District Court of Nueces County, Texas, in cause no. 00-02206-B.

The documents on file in this cause fail to affirmatively reflect that this Court has jurisdiction over this appeal. First, it appears that the order from which this appeal is taken is not a final, appealable judgment. Second, it appears that parties have filed suggestions of bankruptcy; however, the record fails to reflect that any bankruptcy stay has been lifted or the case otherwise remanded to the trial court. Pursuant to Tex. R. App. P. 42.3, notice of these defects was given so that steps could be taken to correct the defects, if it could be done. Appellants were advised that, if the defects were not corrected within ten days from the date of receipt of this notice, the appeal would be dismissed for want of jurisdiction. Appellants failed to file a response as requested by this Court's notice.

The Court, having considered the documents on file and appellants' 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. Any pending motions are denied as moot.

PER CURIAM

Memorandum Opinion delivered and filed this

the 12th day of October, 2006.

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NUMBER 13-04-233-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

______________________________________________________ _

THOMAS G. ALVIAR, ET AL., Appellants,

v.

HARTFORD ACCIDENT AND INDEMNITY

COMPANY, ET AL., Appellees.

_______________________________________________________

On appeal from the 117th District Court of Nueces County, Texas.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Yañez and Garza

Memorandum Opinion Per Curiam

Appellants, THOMAS G. ALVIAR, ET AL., attempted to perfect an appeal from an order entered by the 117th District Court of Nueces County, Texas, in cause no. 00-02206-B.

The documents on file in this cause fail to affirmatively reflect that this Court has jurisdiction over this appeal. First, it appears that the order from which this appeal is taken is not a final, appealable judgment. Second, it appears that parties have filed suggestions of bankruptcy; however, the record fails to reflect that any bankruptcy stay has been lifted or the case otherwise remanded to the trial court. Pursuant to Tex. R. App. P. 42.3, notice of these defects was given so that steps could be taken to correct the defects, if it could be done. Appellants were advised that, if the defects were not corrected within ten days from the date of receipt of this notice, the appeal would be dismissed for want of jurisdiction. Appellants failed to file a response as requested by this Court's notice.

The Court, having considered the documents on file and appellants' 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. Any pending motions are denied as moot.

PER CURIAM

Memorandum Opinion delivered and filed this

the 12th day of October, 2006.

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