Miguel Zaragoza v. Precision Tools and Chesapeake

NUMBER 13-10-00575-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________ MIGUEL ZARAGOZA, APPELLANT, v.

PRECISION TOOLS AND CHESAPEAKE, APPELLEES. ____________________________________________________________

On Appeal from the 275th District Court of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION

Before Justices Garza, Benavides, and Vela

Memorandum Opinion Per Curiam Appellant, Miguel Zaragoza, appealed judgments entered by the 275th District Court of Hidalgo County, Texas. On October 22, 2010, the Clerk of this Court notified appellant that the notice of appeal failed to comply with Texas Rule of Appellate Procedure 9.5 and 25.1. See TEX. R. APP. P. 9.5, 25.1. The Clerk directed appellant to file an amended notice of appeal with the district clerk’s office within thirty days from the date of that notice.

On December 9, 2010, the Court again advised appellant that the notice of appeal failed to comply with Texas Rules of Appellate Procedure, specifically rules 9.5(e), 25.1(d)(2), and 25.1(d)(7). The Clerk notified appellant that the appeal would be dismissed if the defects were not cured after the expiration of ten days from the date of receipt of the Court's notice. Appellant has failed to correct the defects or otherwise respond to the Court's notices.

The Court, having considered the documents on file and appellant=s failure to correct these defects, is of the opinion that the appeal should be dismissed. See id. 42.3(b),(c). Accordingly, the appeal is DISMISSED for want of prosecution.

PER CURIAM Delivered and filed the 3rd day of February, 2011.