NUMBER 13-01-120-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI
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WILLIAM PENA , Appellant,
v.
LUCY GARCIA, INDIVIDUALLY AND
LARRY EGBERT, INDIVIDUALLY, ET AL. , Appellees.
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On appeal from the 92nd District Court
of Hidalgo County, Texas
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O P I N I O N
Before Justices Dorsey, Rodriguez, and Castillo
Opinion Per Curiam
Appellant, WILLIAM PENA, attempted to perfect an appeal from a judgment entered by the 92nd District Court of Hidalgo County, Texas, in cause number C-3004-91-A . Judgment in this cause was signed on April 18, 2000 . No timely motion for new trial was filed. Pursuant to Tex. R. App. P. 26.1, appellant's notice of appeal was due on May 18, 2000 , but was not filed until on or about February 7, 2001 . Appellant filed an untimely motion for leave to file out of time appeal on February 7, 2001.
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 untimely motion for leave to file out of time appeal, is of the opinion that the appeal should be dismissed for want of jurisdiction. Appellant's untimely motion for leave to file out of time appeal and the appeal are hereby DISMISSED FOR WANT OF JURISDICTION.
PER CURIAM
Do not publish.
Tex. R. App. P. 47.3.
Opinion delivered and filed this
the 29th day of March, 2001 .