Opinion
No. 13-03-738-CV.
February 26, 2004.
On appeal from the County Court at Law No. 5 of Hidalgo County, Texas.
Before Justices HINOJOSA, YAÑEZ, and GARZA.
MEMORANDUM OPINION
Appellant, RICARDO HERNANDEZ, attempted to perfect an appeal from a judgment entered by the County Court at Law No. 5 of Hidalgo County, Texas, in cause number CL-41,680-E. Judgment in this cause was signed on July 14, 2003. An untimely motion for new trial was filed on September 3, 2003. Pursuant to Tex.R.App.P. 26.1, appellant's notice of appeal was due on August 13, 2003, but was not filed until November 17, 2003.
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.