NOE LOYA AND BIBIANA McGEE v. Barbee-Neuhaus Implement Company and John Deere Company

 

 

 

 

 

 

                                   NUMBER 13-02-235-CV

 

                             COURT OF APPEALS

 

                   THIRTEENTH DISTRICT OF TEXAS

 

                                CORPUS CHRISTI

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NOE LOYA AND BIBIANA McGEE,                                         Appellants,

 

                                                   v.

 

BARBEE-NEUHAUS IMPLEMENT CO.

AND JOHN DEERE COMPANY,                                              Appellees.

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                        On appeal from the 103rd  District Court

                                   of Willacy County, Texas

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                                   O P I N I O N

 

                   Before Justices Dorsey, Rodriguez, and Castillo

                                       Opinion Per Curiam

 


Appellants, NOE LOYA AND BIBIANA McGEE, attempted to perfect an appeal from a judgment entered by the 103rd  District Court of Willacy County, Texas, in cause number 98-265.  Judgment in this cause was signed on January 11, 2002. A timely motion for new trial was filed on February 11, 2002.  Pursuant to Tex. R. App. P. 26.1, appellant=s notice of appeal was due on April 11, 2002, but was not filed until April 24, 2002. 

Notice of this defect was given so that steps could be taken to correct the defect, if it could be done.  Appellants were 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 appellants.  Appellees have filed a motion to dismiss the appeal.

The Court, having examined and fully considered the documents on file, appellants= failure to timely perfect their appeal, appellants= failure to respond to this Court=s notice, and appellees= motion to dismiss appeal, is of the opinion that appellees= motion should be granted and the appeal should be dismissed for want of jurisdiction.  Appellees= motion to dismiss the appeal 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Do not publish.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 13th day of June, 2002.