Eugenio Espinoza Martinez v. State

NUMBER 13-12-00508-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________ BARRY DWAYNE MINNFEE, Appellant, v.

SGT. KEITH JACKSON, ET AL., Appellees. ____________________________________________________________

On appeal from the 130th District Court of Matagorda County, Texas ____________________________________________________________

MEMORANDUM OPINION Before Justices Rodriguez, Benavides, and Perkes

Memorandum Opinion Per Curiam Appellant, Barry Wayne Minnfee, attempted to perfect an appeal from a denial of a writ of mandamus issued by this Court. Upon review of the documents before the Court, it appeared that the order he was attempting to appeal was not appealable. 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. See TEX. R. APP. P. 37.1, 42.3. Appellant was also notified that the notice of appeal failed to comply with Texas Rule of Appellate Procedure 25.1(d)(1) and 9.5(e). See TEX. R. APP. P. 9.5(e), 25.1(d)(1). Appellant was advised that, if the defects were not corrected within ten days from the date of receipt of this notice, the appeal would be dismissed for want of jurisdiction. Appellant has responded that he is appealing from a writ of mandamus issued by this Court on May 24, 2012, in cause number 13-12-00337-CV.

The Court, having fully reviewed and considered the documents herein, concludes order appealed from fails to invoke our appellate jurisdiction and is of the opinion that the cause should be dismissed. Accordingly, the appeal is hereby DISMISSED FOR WANT OF JURISDICTION. See TEX. R. APP. P. 42.3(a),(c). Any pending motions are DISMISSED AS MOOT.

PER CURIAM Delivered and filed the 31st day of August, 2012.