Opinion
No. 13-04-388-CV
Memorandum delivered and filed September 30, 2004.
On appeal from the 117th District Court of Nueces County, Texas.
Before Justices HINOJOSA, YAÑEZ, and GARZA.
MEMORANDUM OPINION
Appellants, FIDENCIO BENAVIDEZ, ET AL, attempted to perfect an appeal from orders entered by the 117th District Court of Nueces County, Texas, in cause number 00-04223-B. The orders from which this appeal is attempted were signed March 19, 2004 through March 31, 2004. Based on the information before this Court, it does not appear that a timely motion for new trial was filed. Pursuant to Tex.R.App.P. 26.1, appellants' notice of appeal was due on April 30, 2004, but was not filed until June 21, 2004.
Notice of this defect was given so that steps could be taken to correct the defect, if it could be done. Appellants were 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 appellants.
The Court, having examined and fully considered the documents on file, appellants' failure to timely perfect their appeal, and appellants' failure to respond to this Court's notice, is of the opinion that the appeal should be dismissed for want of jurisdiction. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION. Any pending motions are dismissed as moot.