Opinion
NUMBER 13-17-00108-CV
04-06-2017
RUBEN ORTIZ, Appellant, v. LAGUNA SHORES RESORT, Appellee.
On appeal from the County Court at Law No. 5 of Nueces County, Texas.
MEMORANDUM OPINION
Before Justices Contreras, Benavides, and Longoria
Memorandum Opinion by Justice Contreras
Appellant, Ruben Ortiz, appealed a judgment entered by the County Court at Law No. 5 of Nueces County, Texas. On February 16, 2017, the Clerk of this Court notified appellant that the notice of appeal failed to comply with Texas Rule of Appellate Procedure 9.5(e) and 25.1. See TEX. R. APP. P. 9.5(e), 25.1. The Clerk directed appellant to file an amended notice of appeal with the district clerk's office within 30 days from the date of that notice. On March 21, 2017, the Clerk notified appellant that the defects had not been corrected and warned appellant that the appeal would be dismissed if the defects were not cured within ten days. Appellant has not responded to the notice from the Clerk or corrected the defects. Appellee has filed a motion to dismiss the appeal.
An appellate court may dismiss a civil appeal for want of prosecution or failure to comply with a notice from the clerk requiring a response or other action within a specified time. See TEX. R. APP. P. 42.3(b),(c). The Court, having considered the documents on file, and appellant's failure to correct the defects, is of the opinion that the appeal should be dismissed. See id. 37.3, 42.3(b),(c). Accordingly, appellee's motion to dismiss is GRANTED and the appeal is DISMISSED for want of prosecution and failure to comply with a notice from the Court. See id.
DORI CONTREREAS
Justice Delivered and filed the 6th day of April, 2017.