John E. Chavez and Nancy Chavez v. Steven Allen Foster, Hubert Earl Foster, and the Grass Company, Inc.







NUMBER 13-03-765-CV


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG

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JOHN E. CHAVES AND NANCY CHAVEZ,                          Appellants,


v.


STEVEN ALLEN FOSTER, HUBERT EARL FOSTER,

AND THE GRASS COMPANY, INC.,                                    Appellees.

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On appeal from the 319th District Court of Nueces County, Texas.

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MEMORANDUM OPINION


Before Justices Rodriguez, Castillo, and Garza

Opinion Per Curiam


         Appellants, JOHN E. CHAVES AND NANCY CHAVEZ, attempted to perfect an appeal from an order entered by the 319th District Court of Nueces County, Texas, in cause no. 96-4485-G. The clerk’s record was received on March 3, 2004.

         Upon review of the clerk’s record, it appeared that the order from which this appeal was taken was not a final appealable order. Pursuant to Tex. R. App. P. 42.3, 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 notice, the appeal would be dismissed for want of jurisdiction. Appellant filed a response to this Court’s notice on March 30, 2004.

         The Court, having considered the documents on file and appellant’s response 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


Opinion delivered and filed this

the 6th day of May, 2004.