Opinion
No. 13-04-417-CV
Memorandum delivered and filed September 30, 2004.
On Appeal from the 36th District Court of San Patricio County, Texas.
Before Justices HINOJOSA, YAÑEZ, and GARZA.
MEMORANDUM OPINION
Appellant, TODD DYER, attempted to perfect an appeal from an order entered by the 36th District Court of San Patricio County, Texas, in cause number S-02-5667CV-A-1. The order in this cause was signed on July 1, 2004. No timely motion for new trial was filed. Pursuant to Tex.R.App.P. 26.1, appellant's notice of appeal was due on August 2, 2004, but was not filed until August 6, 2004.
Notice of this defect was given so that steps could be taken to correct the defect, if it could be done. Appellant was 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 appellant.
The Court, having examined and fully considered the documents on file, appellant's failure to timely perfect his appeal, and appellant's 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.