LUCIANO SARABOSING, JR., M.D., P.A. v. CHILDREN'S CENTER OF VICTORIA, L.L.P., ET AL.--Appeal from 267th District Court of Victoria County

NUMBER 13-07-487-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG

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LUCIANO SARABOSING, JR., M.D., P.A., Appellant,

 
v.

CHILDREN'S CENTER OF VICTORIA, L.L.P., ET AL., Appellees.

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On appeal from the 267th District Court
of Victoria County, Texas.

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MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Vela
Memorandum Opinion Per Curiam

Appellant, LUCIANO SARABOSING, JR., M.D., P.A., attempted to perfect an appeal from an order entered by the 267th District Court of Victoria County, Texas, in cause no. 06-4-64,203-A. The clerk's record was received on August 7, 2007.

Upon review of the clerk's record, it appeared that the order from which this appeal was taken was not a final appealable order. Pursuant to Tex. R. App. P. 42.3, 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 notice, the appeal would be dismissed for want of jurisdiction. Appellant's response to this Court's notice was received on August 29, 2007. In his response, appellant states that this Court is correct in that the order from which the appeal was taken is not a final appealable order and that the defect cannot be cured at this time. Appellant states that there will be no appeal filed or pursued at this time.

The Court, having considered the documents on file, appellant's response, and appellant's failure to correct the defect in this matter, 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 20th day of September, 2007.