Bernard Kirk Barnes v. RiverCenter Mall, et al.--Appeal from 131st Judicial District Court of Bexar County

No. 04-01-00171-CV
Bernard Kirk BARNES,
Appellant
v.
RIVERCENTER MALL,
Appellee
From the 131st Judicial District Court, Bexar County, Texas
Trial Court No. 1998-CI-03338
Honorable Frank Montalvo, Judge Presiding

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: May 23, 2001

DISMISSED FOR WANT OF JURISDICTION

Appellant filed an untimely notice of appeal. In response to our order to show cause, appellant explained he did not receive notice of the judgment and his notice of appeal was filed within thirty days of the date he received notice or actual knowledge of the signing of the judgment. However, appellant did not obtain a corrected judgment or written order pursuant to Tex. R. App. P. 4.2 (b-c) and Tex. R. Civ. P. 306a (4-6); therefore, appellant's notice of appeal is untimely under Tex. R. App. P. 26.1(a).

In the alternative, we ordered appellant to file an amended notice of appeal no later than May 5, 2001, if he could meet the requirements for a restricted appeal. See Tex. R. App. P. 30; Tex. R. App. P. 27.1(d)(7). Appellant was warned "[f]ailure to timely file a proper amended notice will result in dismissal of the appeal." No amended notice of appeal has been filed.

The appeal is dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a, c). Costs of the appeal are assessed against appellant.

PER CURIAM

DO NOT PUBLISH