NUMBER 13-00-077-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

___________________________________________________________________

B. R. McGARITY, Appellant,

v.

CMC STEEL FABRICATORS, INC., D/B/A

SAFETY RAILWAY SERVICE, TEXAS, Appellee.

___________________________________________________________________

On appeal from the 267th District Court

of Victoria County, Texas

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O P I N I O N

Before Justices Hinojosa, Yañez, and Chavez

Opinion Per Curiam

Appellant, B. R. McGARITY, attempted to perfect an appeal from a judgment entered by the 267th District Court of Victoria County, Texas, in cause number 97-12-51,319-C. Judgment in this cause was signed on November 1, 1999. An untimely motion for new trial was filed on December 3, 1999. Pursuant to Tex. R. App. P. 26.1, appellant's notice of appeal was due on December 1, 1999, but was not filed until January 31, 2000.

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 Court's letter, the appeal would be dismissed. To date, no response has been received from appellant.

The Court, having examined and fully considered the documents on file, appellant's failure to timely perfect his appeal, and appellant's failure to respond 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

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 23rd day of March, 2000.