Opinion
No. 13-03-670-CV.
Opinion delivered and filed February 12, 2004.
On Appeal from the 36th District Court of San Patricio County, Texas.
Before Justices HINOJOSA, YANEZ, and GARZA.
MEMORANDUM OPINION
Appellant, KENNETH RAY KNOX, attempted to perfect an appeal from a judgment entered by the 36th District Court of San Patricio County, Texas, in cause number S-01-5208FL-A. Judgment in this cause was signed on July 2, 2003. An untimely motion for new trial was filed on September 29, 2003. Pursuant to Tex.R.App.P. 26.1, appellant's notice of appeal was due on August 1, 2003, but was not filed until October 29, 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.