Court of Civil Appeals of Texas, 2010

Robert Weiss v. Bish Enterprises, LLC

Robert Weiss v. Bish Enterprises, LLC
Court of Civil Appeals of Texas · Decided October 14, 2010

Robert Weiss v. Bish Enterprises, LLC

Opinion

 

 

 

 

 

 

                                       NUMBER 13-10-00481-CV

 

                                 COURT OF APPEALS

 

                     THIRTEENTH DISTRICT OF TEXAS

 

                         CORPUS CHRISTI - EDINBURG

___________________________________________________________

 

ROBERT WEISS,                                                                     APPELLANT,

 

                                                             v.

 

BISH ENTERPRISES, LLC,                                                       APPELLEE.        

____________________________________________________________

 

                           On Appeal from the 92nd District Court

                                       of Hidalgo County, Texas.

____________________________________________________________

 

                               MEMORANDUM OPINION

 

                          Before Justices Yañez, Garza, and Benavides

Memorandum Opinion Per Curiam

 


Appellant, Robert Weiss, attempted to perfect an appeal from a judgment entered by the 92nd District Court of Hidalgo County, Texas, in cause number C-789-10-A.  Judgment in this cause was signed on May 5, 2010.  A motion for new trial was filed on June 4, 2010.  Pursuant to Texas Rule of Appellate Procedure 26.1, appellant=s notice of appeal was due on August 3, 2010, but was not filed until August 27, 2010.  

On August 30, 2010, 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. To date, no response has been received from appellant providing a reasonable explanation for the late filing of the notice of appeal.

          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.  Accordingly, the appeal is hereby DISMISSED FOR WANT OF JURISDICTION.  See Tex. R. App. P. 42.3(a)(c).

 


PER CURIAM

Delivered and filed the

14th day of October, 2010.

 

 

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