                            NUMBER 13-07-00736-CV

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

BETH ANN CAMPBELL,                                                         Appellant,

                                          v.

CLIFFORD JAMES BARKER,                              Appellee.
_____________________________________________________________

             On appeal from the County Court at Law
                    of Kleberg County, Texas.
______________________________________________________________

                         MEMORANDUM OPINION

                  Before Justices Rodriguez, Garza, and Vela
                      Memorandum Opinion Per Curiam

      This matter is before the Court on a defective notice of appeal and appellant's

failure to correct the defect. On December 14, 2007 and February 15, 2008, the Court

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

Appellate Procedure 25.1(d),(e) and requested correction of this defect within ten days.
See TEX . R. APP. P. 25.1(d)(e), 37.1, 42.3(b),(c). Appellant responded on February 26,

2008, by filing a motion for continuance to obtain counsel. The Court granted appellant’s

request for a continuance and set an April 7, 2008 deadline for correcting the defect.

       On October 31, 2008, the Court again advised appellant that the notice of appeal

was not in compliance with the appellate rules, and informed appellant that the appeal

would be dismissed if the defect was not cured after the expiration of ten days from the

date of receipt of the Court's notice. Appellant has failed to correct the defect 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 or 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, we dismiss the appeal for want of prosecution and failure to

comply with a notice from the Court. See id.

                                                                 PER CURIAM
Memorandum Opinion delivered and
filed this 5th day of February, 2009.




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