Aleithia Artemis v. Austin State Hospital

• Court: Court of Appeals of Texas
• Decided: May 12, 2011
• Docket: 11-11-00113-CV
• Status: Published

Opinion

Order filed May 12, 2011

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-11-00113-CV

                                  ALEITHIA ARTEMIS, Appellant

                                                             V.

                              AUSTIN STATE HOSPITAL, Appellee

                                   On Appeal from the 201st District Court

                                                            Travis County, Texas

                                           Trial Court Cause No. D-1-GN-10-003955

                                                                     O R D E R

            Aleithia Artemis has filed an appeal from an order of the trial court granting Austin State Hospital’s plea to the jurisdiction.  Artemis, who is not represented by counsel, has not provided this court with either a physical mailing address or a telephone number, only an email address.  The clerk of this court notified Artemis by email that our court was not set up for contact by email, that the rules do not provide for such, and that that was the only email that would be sent to her from this court.  The clerk suggested that Artemis use a post office box and assured Artemis that this court would keep her address private.  Artemis was instructed to furnish a mailing address, as opposed to an email address, by May 11, 2011; she has not complied.  Consequently, we abate the appeal. 

            Unrepresented parties to an appeal are required by the Texas Rules of Appellate Procedure to provide us with a mailing address and phone number.  Tex. R. App. P. 9.1(b), 32.1(a)(2).  Artemis has thus far failed to comply with these rules.  At this point, we have decided to abate the appeal until Artemis provides this court with a mailing address.  However, should Artemis continue to fail to comply with the rules and the instruction of this court to provide a mailing address, this appeal may be dismissed pursuant to Tex. R. App. P. 42.3(c).

                                                                                    PER CURIAM

May 12, 2011

Panel[1] consists of:  Wright, C.J.,

McCall, J., and Hill, J.[2]

---

[1]Rick Strange, Justice, resigned effective April 17, 2011.  The justice position is vacant pending appointment of a successor by the governor.

[2]John G. Hill, Former Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.