












 
 
 
 
 
 
                          NUMBER
13-05-260-CV
 
                         COURT
OF APPEALS
 
               THIRTEENTH
DISTRICT OF TEXAS
 
                  CORPUS
CHRISTI - EDINBURG
_____________________________________________________________
 
ERIC G. SMITH AND JEANETTE D. SMITH,                  Appellants,
 
                                           v.
 
PADRE ISLES PROPERTY OWNERS ASSOCIATION,
INC., Appellee.
______________________________________________________________
 
                  On
appeal from the 347th District Court 
                            of
Nueces County, Texas
______________________________________________________________
 
                     MEMORANDUM
OPINION
 
                Before
Justices Hinojosa, Yañez, and Garza
                       Memorandum
Opinion Per Curiam
 




Appellants, ERIC G. SMITH AND JEANETTE D. SMITH, attempted
to perfect an appeal from a judgment entered by the 347th
District Court of Nueces County, Texas, in cause number 03-7297-H.  Judgment in this
cause was signed on September 27, 2004.  An untimely motion for new trial was filed on
October 29, 2004.  Pursuant to Tex. R.
App. P. 26.1, appellant=s notice of appeal was
due on October 27, 2004, but was not filed until December
28, 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.  Appellants= motion for extension of time to respond to this
Court=s notice was granted,
and the time was extended to May 31, 2005. 
However, 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 23rd
day of June, 2005.

