Christopher Martinez and All Occupants v. Anna Rodriguez

Opinion

NUMBER 13-20-00386-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

CHRISTOPHER MARTINEZ AND ALL OCCUPANTS Appellants,

v.

ANNA RODRIGUEZ, Appellee. ____________________________________________________________

On appeal from County Court at Law No. 5 of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Longoria and Perkes Memorandum Opinion by Justice Longoria

Appellants filed a notice of appeal on September 4, 2020. On September 8, 2020,

the Court notified appellants the notice of appeal was not in compliance with TEX. R. APP.

P. 9.1, 9.5, 25.1(d)(1), and 25.1(d)(4). To date, the appellants have neither responded

nor cured the defects. On October 26, 2020 the court sent notice regarding the clerk’s record to appellants’ last known address; however, the notice was returned undeliverable.

The Court has sent other correspondence to appellants, which has also been returned as

undeliverable and unable to forward.

Texas Rule of Appellate Procedure 9.1(b) requires unrepresented parties to sign

any document filed and "give the party's mailing address, telephone number, and fax

number, if any." See TEX. R. APP. P. 9.1(b). Appellants have neither provided this court

with a forwarding address nor taken any other action to prosecute this appeal.

Furthermore, Rule 42.3 permits an appellate court, on its own initiative after giving

ten days' notice to all parties, to dismiss the appeal for want of prosecution or for failure

to comply with a requirement of the appellate rules. See id. 42.3(b), (c). Accordingly, We

DISMISS the appeal for want of prosecution. See TEX. R. APP. P. 42.3.

NORA L. LONGORIA Justice

Delivered and filed this the 10th day of December, 2020.