|
|
NUMBER 13-02-584-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI
___________________________________________________________________
DAVID NEUBAUER, Appellant,
v.
THE CITY OF ALAMO, Appellee.
___________________________________________________________________
On appeal from the 275th District Court
of Hidalgo County, Texas
___________________________________________________________________
O P I N I O N
Before Justices Dorsey, Rodriguez, and Castillo
Opinion Per Curiam
Appellant, DAVID NEUBAUER, attempted to perfect an appeal from a judgment entered by the 275th District Court of Hidalgo County, Texas, in cause number C-061-99-E. Judgment in this cause was signed on April 29, 2002; however, upon motion filed by appellant in accordance with Rule 306a(5) of the Texas Rules of Civil Procedure and Rule 4.2(c) of the Texas Rules of Appellate Procedure, the trial court found June 11, 2002 to be the date appellant first either received notice or acquired actual knowledge that the judgment was signed. No timely motion for new trial was filed. Pursuant to Tex. R. App. P. 26.1, appellant=s notice of appeal was due on July 11, 2002, but was not filed until October 16, 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. Appellee has filed a motion to dismiss the appeal for want of jurisdiction, appellant has filed a response to appellee=s motion, and appellee has filed a reply to appellant=s response.
The Court, having examined and fully considered the documents on file, appellant=s failure to timely perfect his appeal, and the motion and responses, is of the opinion that the appeal should be dismissed for want of jurisdiction. Appellee=s motion to dismiss is GRANTED, and 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Do not publish.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 27th day of November, 2002.