                             NUMBER 13-10-00335-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                      CORPUS CHRISTI - EDINBURG
____________________________________________________________

LEOPOLDO LEAL,                                                                Appellant,

                                            v.

LONE STAR COUNTRY STORE CC, LLC,                    Appellee.
____________________________________________________________

             On appeal from the 214th District Court
                   of Nueces County, Texas.
____________________________________________________________

                          MEMORANDUM OPINION
              Before Justices Rodriguez, Benavides, and Vela
                    Memorandum Opinion Per Curiam
       This matter is before the Court on appellee’s motion to dismiss appeal for

appellant’s failure to comply and want of prosecution. On August 4, 2010, the Court

advised appellant that the notice of appeal was not in compliance with Texas Rule of

Appellate Procedure 25.1(d) and that if the defect was not cured after the expiration of ten


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days from the date of receipt of the Court’s notice, the appeal would be dismissed. See

Tex. R. App. P. 25.1(d), 37.1, 42.3(b),(c). Appellant has failed to correct the defect or

otherwise respond to the Court's notice.

       On August 4, 2010, the Clerk of this Court notified appellant, in accordance with

Texas Rule of Appellate Procedure 42.3(c), that we would dismiss this appeal unless the

$175.00 filing fee was paid. See TEX. R. APP. P. 42.3(c). Appellant has not responded

to the notice from the Clerk or paid the $175.00 filing fee. See TEX. R. APP. P. 5, 12.1(b).

       The Court, after consideration of the documents on file and appellee’s motion,

hereby GRANTS appellee’s motion to dismiss appeal for appellant’s failure to comply and

want of prosecution. Accordingly, we dismiss the appeal for want of prosecution and

failure to comply with a notice from the Court. See Tex. R. App. P. 42.3(b),(c).

                                                                      PER CURIAM


Delivered and filed the
31st day of August, 2010.




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