NUMBER 13-15-00393-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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ANTHONY FREEMAN, Appellant,
v.
LOUIS GARCIA, ET AL., Appellees.
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On Appeal from the 36th District Court
of Bee County, Texas.
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MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Perkes
Memorandum Opinion Per Curiam
Appellant, Anthony Freeman, attempted to perfect an appeal from a judgment
entered by the 36th District Court of Bee County, Texas, in cause number B-15-1014-CV-
C. Judgment in this cause was signed on May 26, 2015. Appellant filed a notice of
appeal on August 28, 2015.
Texas Rule of Appellate Procedure 26.1 provides that an appeal is perfected when
notice of appeal is filed within thirty days after the judgment is signed, unless a motion for
new trial is timely filed. TEX. R. APP. P. 26.1(a)(1). Where a timely motion for new trial
or motion to reinstate has been filed, notice of appeal shall be filed within ninety days
after the judgment is signed. TEX. R. APP. P. 26.1(a).
Pursuant to Texas Rule of Appellate Procedure 26.1, appellant=s notice of appeal
was due on June 25, 2015, but was not filed until August 28, 2015. On August 31, 2015,
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. Appellant was 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.
Appellant responded by filing a docketing statement indicating the judgment being
appealed was signed on July 1, 2015, and his notice of appeal was mailed on July 22,
2015. The clerk of the trial court advises us that a final judgment was entered in this
cause on May 26, 2015, and there was no judgment entered on July 1, 2015.
The Court, having examined and fully considered the documents on file, is of the
opinion that the appeal should be dismissed for want of jurisdiction. Accordingly, the
appeal is hereby DISMISSED FOR WANT OF JURISDICTION. See TEX. R. APP. P.
42.3(a).
PER CURIAM
Delivered and filed the
24th day of September, 2015.
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