Holly Lovett v. V & S Ventures Appeal from ... of Nueces County (memorandum opinion per curiam)
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NUMBER 13-16-00355-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ HOLLY LOVETT, Appellant, v. V & S VENTURES, Appellee. ____________________________________________________________ On appeal from the Justice Court, Precinct 4 of Nueces County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Garza, Perkes, and Longoria Memorandum Opinion Per Curiam Appellant, Holly Lovett, attempted to perfect an appeal from a “Default Judgment in Eviction” entered by the Justice Court, Precinct 4, of Nueces County, Texas, on June 14, 2016. Upon review of the documents before the Court, it appeared that the order was not appealable. On August 17, 2016, the Clerk of this Court notified appellant of this defect so that steps could be taken to correct the defect, if it could be done. See TEX. R. APP. P. 37.1, 42.3. Appellant was advised that, if the defect was not corrected within ten days from the date of receipt of the notice, the appeal would be dismissed for want of jurisdiction. Appellant failed to respond to the Court’s notice. In a civil case, an appeal to the Court of Appeals may be taken “from a final judgment of the district or county court.” See TEX. CIV. PRAC. & REM. CODE ANN. § 51.012 (West, Westlaw through 2015 R.S.). Appellant’s notice of appeal from the justice court does not invoke this Court’s appellate jurisdiction. The Court, having considered the documents on file 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. Accordingly, the appeal is DISMISSED FOR WANT OF JURISDICTION. See TEX. R. APP. P. 42.3(a),(c). PER CURIAM Delivered and filed the 15th day of September, 2016. 2
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