Virginia Carroll-Boyd v. Jessica Garcia, Robert Torrez and Country Mutual Insurance Co.
This text of Virginia Carroll-Boyd v. Jessica Garcia, Robert Torrez and Country Mutual Insurance Co. (Virginia Carroll-Boyd v. Jessica Garcia, Robert Torrez and Country Mutual Insurance Co.) 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
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VIRGINIA CARROLL-BOYD, Appellant,
JESSICA GARCIA, ROBERT TORREZ
AND COUNTRY MUTUAL INSURANCE CO., Appellees.
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Appellant, VIRGINIA CARROLL-BOYD, attempted to perfect an appeal from a judgment entered by the 148th District Court of Nueces County, Texas, in cause number 00-1261-E. Judgment in this cause was signed on February 22, 2002. A timely motion for new trial and to reinstate was filed on March 7, 2002. Appellant filed a notice of restricted appeal on August 15, 2002. Tex. R. App. P. 30 provides the circumstances under which a restricted appeal may be filed. Because a timely motion for new trial was filed in this case, a restricted appeal is not allowed. Pursuant to Tex. R. App. P. 26.1(a), the notice of appeal in this cause was due to be filed by May 23, 2002; however, appellant's notice of appeal was not filed until August 15, 2002.
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. To date, no response has been received from appellant.
The Court, having examined and fully considered the documents on file, appellant's failure to timely perfect his appeal, and appellant's 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.
PER CURIAM
Do not publish.
Tex. R. App. P. 47.3.
Opinion delivered and filed this
the 3rd day of October, 2002.
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