ILUMINA, INC. AND OLIVIER VAN DER GRAAFF v. CHK, INC. D/B/A THE LIGHT HOUSE--Appeal from County Court at Law No 3 of Cameron County

NUMBER 13-04-672-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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ILUMINA, INC. AND OLIVIER VAN DER GRAAFF, Appellants,

v.

CHK, INC. D/B/A THE LIGHT HOUSE, Appellee.

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On appeal from the County Court at Law No. 3

of Cameron County, Texas

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MEMORANDUM OPINION

Before Justices Hinojosa, Ya ez, and Garza

Memorandum Opinion Per Curiam

Appellants, ILUMINA, INC. AND OLIVIER VAN DER GRAAFF, attempted to perfect an appeal from a judgment entered by the County Court at Law No. 3 of Cameron County, Texas, in cause number 2003-CCL-00957-C. Judgment in this cause was signed on August 25, 2004. An untimely motion for new trial was filed on September 29, 2004. Pursuant to Tex. R. App. P. 26.1, appellants notice of appeal was due on September 24, 2004, but was not filed until November 24, 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. 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 7th day of April, 2005.