Kathy Shaw v. Juanita Cesar Worrell

Court of Appeals of Texas

Kathy Shaw v. Juanita Cesar Worrell

Court of Appeals of Texas·Decided January 21, 2016·No. 01-15-00165-CV·Published

Opinion

Opinion issued January 21, 2016

In The

Court of Appeals

For The

First District of Texas

2015, making the appellate record complete because there was no reporter’s record, appellant failed to timely file her appellate brief. See id. 38.6(a).

On December 16, 2015, the Clerk of this Court notified appellant that her appeal was subject to dismissal for failure to timely file her appellate brief, and that her appeal would be dismissed unless she responded within 10 days. See id. 38.8(a)(1), 42.3(c). The Court’s notice was returned with the following marked on the envelope: “RETURN TO SENDER[,] NOT DELIVERABLE AS ADDRESSED[,] UNABLE TO FORWARD.” Appellant has neither timely filed her brief or other response to the Court’s notice, nor provided the Clerk of this Court with any other address. See id. 9.1(b) (“A party not represented by counsel must sign any document . . . and give the party’s mailing address, telephone number, fax number, if any, and email address.”); 38.8(a)(1), 42.3(c).

Accordingly, we dismiss the appeal for want of prosecution for failure to timely file a brief. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Keyes, and Bland.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion issued January 21, 2016

In The

Court of Appeals

For The

First District of Texas

2015, making the appellate record complete because there was no reporter’s record, appellant failed to timely file her appellate brief. See id. 38.6(a).

On December 16, 2015, the Clerk of this Court notified appellant that her appeal was subject to dismissal for failure to timely file her appellate brief, and that her appeal would be dismissed unless she responded within 10 days. See id. 38.8(a)(1), 42.3(c). The Court’s notice was returned with the following marked on the envelope: “RETURN TO SENDER[,] NOT DELIVERABLE AS ADDRESSED[,] UNABLE TO FORWARD.” Appellant has neither timely filed her brief or other response to the Court’s notice, nor provided the Clerk of this Court with any other address. See id. 9.1(b) (“A party not represented by counsel must sign any document . . . and give the party’s mailing address, telephone number, fax number, if any, and email address.”); 38.8(a)(1), 42.3(c).

Accordingly, we dismiss the appeal for want of prosecution for failure to timely file a brief. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Keyes, and Bland.

Kathy Shaw v. Juanita Cesar Worrell, (Tex. Ct. App. 2016).

Pincite

Kathy Shaw v. Juanita Cesar Worrell (Kathy Shaw v. Juanita Cesar Worrell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.