PEOPLE'S B.H.W., INC. AND FRANK R. BOCHICCHIO v. KIMBERLY R. ERWIN, RICKY G. ERWIN, ISLAND HOME REAL ESTATE, INC. AND DAVID WALLACE D/B/A ERA WINDWARD PROPERTIES--Appeal from 28th District Court of Nueces County

NUMBER 13-02-102-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

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  PEOPLE=S B.H.W., INC. AND FRANK R. BOCHICCHIO, Appellants,

v.

  KIMBERLY L. ERWIN, ET AL., Appellees.

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On appeal from the 28th District Court

of Nueces County, Texas

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O P I N I O N

Before Justices Ya ez, Rodriguez, and Castillo

Opinion Per Curiam

Appellants, PEOPLE=S B.H.W., INC. AND FRANK R. BOCHICCHIO, attempted to perfect an appeal from an order of dismissal entered by the 28th District Court of Nueces County, Texas, in cause number 99-2444-A. The order of dismissal in this cause was signed on August 16, 2001. A timely motion for reconsideration was filed on August 27, 2001. Pursuant to Tex. R. App. P. 26.1, appellants= notice of appeal was due on November 14, 2001, but was not filed until December 31, 2001.

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= response to this Court=s notice was received on March 7, 2002.

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

Do not publish.

Tex. R. App. P.47.3.

Opinion delivered and filed this

the 16th day of May, 2002.