NUMBER 13-23-00444-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG

LARRY MARK POLSKY, Appellant.

v. SPRING MART ENTERTAINMENT, LLC D/B/A DOG HOUSE PUB & GRUB, Appellee.

On appeal from the County Court at Law No. 1 of Cameron County, Texas.

MEMORANDUM OPINION Before Justices Benavides, Longoria, and Tijerina Memorandum Opinion by Justice Tijerina Larry Mark Polsky filed an appeal in appellate cause number 13-22-00287-CV from a final summary judgment. In the same cause, Polsky attempted to appeal the denial of a “Motion for Default Judgment Due to Spoilation of Evidence.” On October 31, 2023, this Court severed Polsky’s appeal from the denial of a “Motion for Default Judgment Due to Spoilation of Evidence” in appellate cause number 13-22-00287-CV and informed Polsky that it appeared he was attempting to appeal an order which is unappealable and that his appeal had not been timely perfected. See TEX. R. APP. P. 42.3. This Court further informed Polsky that if he did not correct the defect within the expiration of ten days, the appeal would be dismissed. See id. Polsky has not corrected the defect and still attempts to appeal the denial of a “Motion for Default Judgment Due to Spoilation of Evidence.” Therefore, the appeal in appellate cause number 13-23-00444-CV shall be dismissed, and the appeal is hereby dismissed.

JAIME TIJERINA Justice Delivered and filed on the 7th day of December, 2023.