                           NUMBER 13-13-000035-CV

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

GUADALUPE ATKINSON
AND JESUS ATKINSON,                                                       Appellants,

                                           v.

ANA MARIA HERNANDEZ,
INDIVIDUALLY AND AS
DEPENDENT EXECUTRIX
OF THE ESTATE OF ROGERIO
ATKINSON A/K/A ROY ATKINSON                         Appellee.
____________________________________________________________

             On appeal from the 404th District Court
                  of Cameron County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION
  Before Chief Justice Valdez and Justices Benavides and Longoria
                 Memorandum Opinion Per Curiam

      This matter is before the Court on a defective notice of appeal and appellants’

failure to correct the defect. On January 29, 2013, the Court advised appellants that the
notice of appeal was not in compliance with Texas Rule of Appellate Procedure 9.5 and

25.1(d)(5) and advised them to correct the defects. On March 6, 2013, the Court again

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

Appellate Procedure 9.5 and 25.1(d)(5) and requested correction of these defects within

ten days.   See Tex. R. App. P. 9.5, 25.1(d)(5), 37.1, 42.3(b),(c).          Appellants were

advised that the appeal would be dismissed if the defects were not cured after the

expiration of ten days from the date of receipt of the Court's notice. Appellants have

failed to correct the defects or otherwise respond to the Court's notices.

       On its own motion, with ten days notice to the parties, an appellate court may

dismiss a civil appeal for want of prosecution for failure to comply with a notice from the

clerk requiring a response or other action within a specified time. See Tex. R. App. P.

42.3(b),(c). Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION

for failure to comply with a notice from the Court. See id.



                                                        PER CURIAM

Delivered and filed the
9th day of May, 2013.




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