Eugenio Espinoza Martinez v. State

                            NUMBER 13-12-00508-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

BARRY DWAYNE MINNFEE,                                                      Appellant,

                                          v.

SGT. KEITH JACKSON, ET AL.,                        Appellees.
____________________________________________________________

             On appeal from the 130th District Court
                  of Matagorda County, Texas
____________________________________________________________

                       MEMORANDUM OPINION
            Before Justices Rodriguez, Benavides, and Perkes
                    Memorandum Opinion Per Curiam

      Appellant, Barry Wayne Minnfee, attempted to perfect an appeal from a denial of a

writ of mandamus issued by this Court. Upon review of the documents before the Court,

it appeared that the order he was attempting to appeal was not appealable. The Clerk of

this Court notified appellant of this defect so that steps could be taken to correct the

defect, if it could be done. See TEX. R. APP. P. 37.1, 42.3. Appellant was also notified
that the notice of appeal failed to comply with Texas Rule of Appellate Procedure

25.1(d)(1) and 9.5(e). See TEX. R. APP. P. 9.5(e), 25.1(d)(1). Appellant was advised

that, if the defects were not corrected within ten days from the date of receipt of this

notice, the appeal would be dismissed for want of jurisdiction. Appellant has responded

that he is appealing from a writ of mandamus issued by this Court on May 24, 2012, in

cause number 13-12-00337-CV.

       The Court, having fully reviewed and considered the documents herein, concludes

order appealed from fails to invoke our appellate jurisdiction and is of the opinion that the

cause should be dismissed. Accordingly, the appeal is hereby DISMISSED FOR WANT

OF JURISDICTION.         See TEX. R. APP. P. 42.3(a),(c).       Any pending motions are

DISMISSED AS MOOT.

                                                                       PER CURIAM

Delivered and filed the
31st day of August, 2012.




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