David N. Manning v. Wilma J. Manning

Opinion

Opinion issued August 1, 2013

In The Court of Appeals For The First District of Texas

NO. 01B12B00543BCV

DAVID N. MANNING, Appellant

V.

WILMA J. MANNING, Appellee

On Appeal from the 300th District Court Brazoria County, Texas Trial Court Cause No. 60486

MEMORANDUM OPINION

Appellant David N. Manning has failed to timely file a brief. See TEX. R.

APP. P. 38.6(a) (governing time to file brief), 38.8(a) (governing failure of appellant to file brief). On April 1, 2013, this Court sent a notice to appellant that the appeal

was subject to dismissal because he had failed to timely file his brief, and required a

response on or before April 11, 2013. See TEX. R. APP. P. 42.3(b) (allowing

involuntary dismissal of case). On April 16, 2013, the notification was returned to

the Court marked “Return to Sender, Not Deliverable As Addressed, Unable to

Forward.” The notice was sent to the address provided by appellant in his notice of

appeal and other filings with this Court, and appellant has not provided the Court

with a new address. Appellant was required to provide this Court with his current

address to facilitate this Court’s communication with appellant. See TEX. R. APP. P.

6.3(c), 9.1(b).

Accordingly, we dismiss the appeal for want of prosecution for failure to

timely file a brief. We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Higley, and Bland.