$1,689.00 U.S. Currency, 67 Gambling Devices, Assorted Gambling Equipment, Paraphernalia and Proceeds v. State

NUMBER 13-13-00537-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG
____________________________________________________________

$1,689.00 U.S. CURRENCY, 67 GAMBLING
DEVICES, ASSORTED GAMBLING EQUIPMENT,
PARAPHERNALIA AND PROCEEDS, Apellant,

v.

THE STATE OF TEXAS, Appellee.
____________________________________________________________

On Appeal from the 357th District Court
of Cameron County, Texas.
____________________________________________________________

MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Benavides and Longoria
Memorandum Opinion Per Curiam

This matter is before the Court on a defective notice of appeal and appellant's

failure to correct the defect. On October 4, 2013, the Clerk of this Court notified

appellant that the notice of appeal failed to comply with Texas Rule of Appellate

Procedure 25.1(d)(2). See TEX. R. APP. P. 25.1(d)(2). The Clerk directed appellant to
file an amended notice of appeal with the district clerk's office within 30 days from the date

of that notice. On December 17, 2013, the Clerk notified appellant that the defect had

not been corrected and warned appellant that the appeal would be dismissed if the defect

was not cured within ten days. Appellant has not responded to the notice from the Clerk

or corrected the defect.

An appellate court may dismiss a civil appeal for want of prosecution or failure to

comply with a notice from the clerk requiring a response or other action within a specified

time. See Tex. R. App. P. 42.3(b)(c). The Court, having considered the documents on

file and appellant’s failure to correct the defect, is of the opinion that the appeal should be

dismissed. See id. 37.3, 42.3(b)(c). Accordingly, the appeal is DISMISSED for want of

prosecution and failure to comply with a notice from the Court. See id.

PER CURIAM

Delivered and filed the
16th day of January, 2014.

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