Summary
dismissing relator's appeal of an order on special exceptions and a motion to strike for want of jurisdiction
Summary of this case from In re HoltOpinion
NUMBER 13-20-00166-CV
09-17-2020
On appeal from the 105th District Court of Nueces County, Texas.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Longoria and Perkes
Memorandum Opinion by Chief Justice Contreras
Appellant attempted to perfect an appeal from a ruling on Special Exceptions and Motion to Strike entered by the 105th District Court of Nueces, County, Texas, in cause number 09-1754-D. The ruling does not appear to be a final appealable order. On March 26, 2020, the clerk of the court notified appellant of this defect so steps could be taken to correct the defect, if it could be done. See TEX. R. APP. P. 42.3. The notice advised appellant that if the defect was not corrected within thirty days, the appeal would be dismissed. Appellant failed to respond to the Court's notice.
The Court, having considered the documents on file and appellant's failure to correct the defect in this matter, is of the opinion the appeal should be dismissed. Accordingly, the appeal is hereby DISMISSED for want of prosecution. See id. 42.3(a),(c).
DORI CONTRERAS
Chief Justice Delivered and filed the 17th day of September, 2020.