Eric G. Smith and Jeanette D. Smith v. Padre Isles Property Owners Association, Inc.--Appeal from 347th District Court of Nueces County

    NUMBER 13-05-260-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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  ERIC G. SMITH AND JEANETTE D. SMITH, Appellants,

v.

  PADRE ISLES PROPERTY OWNERS ASSOCIATION, INC., Appellee.

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On appeal from the 347th District Court

of Nueces County, Texas

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MEMORANDUM OPINION

Before Justices Hinojosa, Ya ez, and Garza

Memorandum Opinion Per Curiam

Appellants, ERIC G. SMITH AND JEANETTE D. SMITH, attempted to perfect an appeal from a judgment entered by the 347th District Court of Nueces County, Texas, in cause number 03-7297-H. Judgment in this cause was signed on September 27, 2004. An untimely motion for new trial was filed on October 29, 2004. Pursuant to Tex. R. App. P. 26.1, appellant=s notice of appeal was due on October 27, 2004, but was not filed until December 28, 2004.

Notice of this defect was given so that steps could be taken to correct the defect, if it could be done. Appellants were 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. Appellants= motion for extension of time to respond to this Court=s notice was granted, and the time was extended to May 31, 2005. However, to date, no response has been received from appellants.

The Court, having examined and fully considered the documents on file, appellants= failure to timely perfect their appeal, and appellants= 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.

PER CURIAM

Memorandum Opinion delivered and filed this

the 23rd day of June, 2005.