                               NUMBER 13-08-00427-CV

                               COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

JAIME LEAL,                                                                 Appellant,

                                            v.

CITY OF BROWNSVILLE, TEXAS,                          Appellee.
_____________________________________________________________

           On appeal from the County Court at Law No. 1
                   of Cameron County, Texas.
______________________________________________________________

                         MEMORANDUM OPINION

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

      Appellant, Jaime Leal, appealed a judgment entered by the County Court at Law No.

1 of Cameron County, Texas. On July 3, 2008, the Clerk of this Court notified appellant

that the notice of appeal failed to comply with Texas Rule of Appellate Procedure 9.5(e).

See TEX . R. APP. P. 9.5(e).    The Clerk directed appellant to file an amended notice of
appeal with the district clerk's office within 30 days from the date of that notice. On

October 14, 2008, the Clerk notified appellant that the defect had not been corrected and

warned appellant that the appeal would be dismissed if the defect were not cured within

ten days. See TEX . R. APP. P. 42.3(b),(c). To date, the defect has not been corrected.

       The Court, having considered the documents on file and appellant’s failure to

correct this defect, is of the opinion that the appeal should be dismissed. See id.

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



                                                PER CURIAM

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




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