Emilio Minotti v. Beverly Ann Florence--Appeal from 383rd District Court of El Paso County

Form: Dismiss TRAP 42.3

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

 
EMILIO MINOTTI,

Appellant,

 

v.

 

BEVERLY ANN FLORENCE,

 

Appellee.

 

 

 

 

No. 08-03-00126-CV

 

Appeal from the

 

383rd Judicial District Court

 

of El Paso County, Texas

 

(TC# 97CM1615)

M E M O R A N D U M O P I N I O N

This appeal is before the Court on its own motion to dismiss the appeal pursuant to Tex. R. App. P. 42.3, which states:

Under the following circumstances, on any party's motion--or on its own initiative after giving ten days' notice to all parties--the appellate court may dismiss the appeal or affirm the appealed judgment or order. Dismissal or affirmance may occur if the appeal is subject to dismissal:

 

(a) for want of jurisdiction;

 

(b) for want of prosecution; or

 

(c) because the Appellant has failed to comply with a requirement of these rules, a court order, or a notice from the clerk requiring a response or other action within a specified time.

 

Tex. R. App. P. 42.3.

Final judgment was signed on November 20, 2002, and filed on November 26, 2002. Appellant, Emilio Minotti, filed his motion for new trial on January 14, 2003. Since the motion for new trial was untimely, Appellant's notice of appeal was due December 26, 2002. Appellant filed his notice of appeal on March 18, 2003. The clerk's record was received on April 18, 2003. On April 22, 2003, this Court's clerk, pursuant to Tex. R. App. P. 42.3(a), sent the parties a notice of the Court's intent to dismiss for want of jurisdiction if, within ten days of the notice, no party responded showing grounds to continue the appeal. No response has been received as of this date.

We have given notice of our intent to dismiss and requested a response. Having received no response, we see no purpose that would be served by declining to dismiss this appeal at this stage of the proceedings. Pursuant to Tex. R. App. P. 42.3(a), we dismiss the appeal for want of jurisdiction.

May 22, 2003

 

_______________________________________

RICHARD BARAJAS, Chief Justice

 

Before Panel No. 4

Barajas, C.J., Larsen, and McClure, JJ.