NUMBER 13-04-417-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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TODD DYER,                                                                    Appellant,

v.

BOY SCOUTS OF AMERICA, ET AL.,                                  Appellees.

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On appeal from the 36th District Court

of San Patricio County, Texas

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MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Memorandum Opinion Per Curiam

         Appellant, TODD DYER, attempted to perfect an appeal from an order entered by the 36th District Court of San Patricio County, Texas, in cause number S-02-5667CV-A-1. The order in this cause was signed on July 1, 2004. No timely motion for new trial was filed. Pursuant to Tex. R. App. P. 26.1, appellant’s notice of appeal was due on August 2, 2004, but was not filed until August 6, 2004.

         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

Memorandum Opinion delivered and filed this

the 30th day of September, 2004.