





NUMBER 13-02-454-CV


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI

________________________________________________________________

VIRGINIA CARROLL-BOYD,                                              Appellant,

v.


JESSICA GARCIA, ROBERT TORREZ 
AND COUNTRY MUTUAL INSURANCE CO.,                       Appellees.
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On appeal from the 148th District Court 

of Nueces County, Texas

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O P I N I O N


Before Justices Dorsey, Rodriguez, and Castillo

Opinion Per Curiam


Appellant, VIRGINIA CARROLL-BOYD, attempted to perfect an appeal from a judgment entered by the 148th
District Court of Nueces County, Texas, in cause number 00-1261-E.  Judgment in this cause was signed on
February 22, 2002.  A timely motion for new trial and to reinstate was filed on March 7, 2002.  Appellant filed a
notice of restricted appeal on August 15, 2002.  Tex. R. App. P. 30 provides  the circumstances under which a
restricted appeal may be filed.  Because a timely motion for new trial was filed in this case, a restricted appeal is
not allowed.  Pursuant to Tex. R. App. P. 26.1(a), the notice of appeal in this cause was due to be filed by May 23,
2002; however, appellant's notice of appeal was not filed until August 15, 2002.
  Notice of this defect was given so that steps could be taken to correct the defect, if it could be done.  Appellant
was advised that, if the defect was not corrected within ten days from the date of receipt of this Court's letter,
the appeal would be dismissed.  To date, no response has been received from appellant.
The Court, having examined and fully considered the documents on file, appellant's failure to timely perfect his
appeal, and appellant's failure to respond to this Court's notice, is of the opinion that the appeal should be
dismissed for want of jurisdiction.  The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.
PER CURIAM

Do not publish.
Tex. R. App. P. 47.3.
Opinion delivered and filed this
the 3rd day of October, 2002.
