Court of Civil Appeals of Texas, 2011

Reyes Urbina v. Designer Homes Co., Inc., Onesimo Martinez, Javier Villescas...

Reyes Urbina v. Designer Homes Co., Inc., Onesimo Martinez, Javier Villescas...
Court of Civil Appeals of Texas · Decided August 25, 2011

Reyes Urbina v. Designer Homes Co., Inc., Onesimo Martinez, Javier Villescas...

Opinion

 

 

 

 

 

 

                                       NUMBER 13-11-00326-CV

 

                                 COURT OF APPEALS

 

                     THIRTEENTH DISTRICT OF TEXAS

 

                         CORPUS CHRISTI - EDINBURG

____________________________________________________________

 

REYES URBINA,                                                                           Appellant,

 

                                                             v.

 

DESIGNER HOMES CO., INC., ONESIMO

MARTINEZ, XAVIER VILLESCAS [ERRONEOUSLY

SUED AS JAVIER BILOLESCAS OR BILLESCAS],

COMPASS BANK AND GREGORY S. KAZEN,

IN HIS CAPACITY ONLY AS SUBSTITUTE TRUSTEE,          Appellees.

____________________________________________________________

 

                          On Appeal from the 275th District Court

                                       of Hidalgo County, Texas.

____________________________________________________________

 

                               MEMORANDUM OPINION

 

                           Before Justices Benavides, Vela, and Perkes

Memorandum Opinion Per Curiam

 


This matter is before the Court on a defective notice of appeal and appellant's failure to correct the defect.  On June 2, 2011, the Court advised appellant that the notice of appeal was not in compliance with Texas Rule of Appellate Procedure 25.1(d)(2) and 9.5(e)(3).  See Tex. R. App. P. 25.1(d)(2), 9.5(e)(3).  The Clerk directed appellant to file an amended notice of appeal with the district clerk's office within 30 days from the date of that notice. 

On July 19, 2011, the Clerk notified appellant that the defects had not been corrected and warned appellant that the appeal would be dismissed if the defects were not cured within ten days.  Appellant has failed to correct the defects or otherwise respond to the Court's notices.

            On its own motion, with ten days notice to the parties, an appellate court may dismiss a civil appeal for want of prosecution or failure to comply with a notice from the clerk requiring a response or other action within a specified time.  See Tex. R. App. P. 42.3(b), (c).  Accordingly, we dismiss the appeal for want of prosecution and failure to comply with a notice from the Court.  See id.

                                                                                    PER CURIAM

Delivered and filed the

25th day of August, 2011.

 

 

Case-law data current through December 31, 2025. Source: CourtListener bulk data.