NUMBER 13-13-00060-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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EUGENIO CANTU AND
ELISABEL CANTU, Appellants,
v.
STATE FARM LLOYDS
AND SERVICEMASTER
QUALITY RESTORATION, Appellees.
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On appeal from the 404th District Court
of Cameron County, Texas.
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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 appellants’
failure to correct the defects. On January 29, 2013, the Court advised appellants that the
notice of appeal was not in compliance with Texas Rule of Appellate Procedure
25.1(d),(5), that it contained the incorrect trial court cause number, and requested
correction of these defects within thirty days. See Tex. R. App. P. 25.1(d)(5), 37.1,
42.3(b),(c).
On March 27, 2013, the Court again advised appellant that the notice of appeal
contained an incorrect trial court number, was not in compliance with Texas Rule of
Appellate Procedure 25.1(d)(5), and informed appellants that the appeal would be
dismissed if the defects were not cured after the expiration of ten days from the date of
receipt of the Court's notice. Appellants have failed to correct the defects or otherwise
respond to the Court's notices.
On March 12, 2013, the Clerk of the Court notified appellants that they were
delinquent in remitting a $175.00 filing fee. The Clerk of this Court notified appellants
that the appeal was subject to dismissal if the filing fee was not paid within ten days from
the date of receipt of this letter. See id. 42.3(b),(c). Appellants have failed to pay the
filing fee.
On its own motion, with ten days notice to the parties, 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). Accordingly, we DISMISS the appeal FOR WANT OF PROSECUTION and
failure to comply with notices from the Court. See id.
PER CURIAM
Delivered and filed the
23rd day of May, 2013.
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