VIRGINIA CARROLL-BOYD v. JESSICA GARCIA, ROBERT TORREZ AND COUNTRY MUTUAL INSURANCE CO.--Appeal from 148th District Court of Nueces County

NUMBER 13-02-454-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI

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VIRGINIA CARROLL-BOYD, Appellant,

 
v.

JESSICA GARCIA, ROBERT TORREZ

AND COUNTRY MUTUAL INSURANCE CO., Appellees.

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On appeal from the 148th District Court
of Nueces County, Texas

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O P I N I O N
Before Justices Dorsey, Rodriguez, and Castillo
Opinion Per Curiam

Appellant, VIRGINIA CARROLL-BOYD, attempted to perfect an appeal from a judgment entered by the 148th District Court of Nueces County, Texas, in cause number 00-1261-E. Judgment in this cause was signed on February 22, 2002. A timely motion for new trial and to reinstate was filed on March 7, 2002. Appellant filed a notice of restricted appeal on August 15, 2002. Tex. R. App. P. 30 provides the circumstances under which a restricted appeal may be filed. Because a timely motion for new trial was filed in this case, a restricted appeal is not allowed. Pursuant to Tex. R. App. P. 26.1(a), the notice of appeal in this cause was due to be filed by May 23, 2002; however, appellant's notice of appeal was not filed until August 15, 2002.

Notice of this defect was given so that steps could be taken to correct the defect, if it could be done. Appellant was 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. To date, no response has been received from appellant.

The Court, having examined and fully considered the documents on file, appellant's failure to timely perfect his appeal, and appellant's 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

 

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 3rd day of October, 2002.