                            NUMBER 13-08-00500-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

PLACIDO GUERRA A/K/A CHITO GUERRA,                                       APPELLANT,

                                           v.

THE STATE OF TEXAS,                                APPELLEE.
_____________________________________________________________

             On Appeal from the 138th District Court
                   of Cameron County, Texas.
______________________________________________________________

                         MEMORANDUM OPINION

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

      Appellant, Placido Guerra a/k/a Chito Guerra, attempted to perfect an appeal from

an order entered by the 138th District Court of Cameron, County, Texas, in cause no.

2008-04-2100-B. Upon review of the documents before the Court, it appeared that the

order from which this appeal was taken was not a final appealable order. The Clerk of this
Court notified appellant of this defect so that steps could be taken to correct the defect, if

it could be done. See TEX . R. APP. P. 37.1, 42.3. Appellant was advised that, if the defect

was not corrected within ten days from the date of receipt of this notice, the appeal would

be dismissed for want of jurisdiction. Appellant failed to respond to the Court’s notice.

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

the defect in this matter, is of the opinion that the appeal should be dismissed for want of

jurisdiction.   See id.    Accordingly, the appeal is DISMISSED FOR WANT OF

JURISDICTION. See id. 42.3(b),(c).




                                                  PER CURIAM

Memorandum Opinion delivered
and filed this the 22nd day of January, 2009.




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