Randolph Reed v. Charlie Clark Auto Care, LLC

• Court: Court of Appeals of Texas
• Decided: October 3, 2024
• Docket: 13-24-00127-CV
• Status: Published

Opinion

NUMBER 13-24-00127-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

RANDOLPH REED, Appellant,

v.

CHARLIE CLARK AUTO CARE, LLC, Appellee. ____________________________________________________________

ON APPEAL FROM THE COUNTY COURT AT LAW NO. 3 OF CAMERON COUNTY, TEXAS ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Benavides and Silva Memorandum Opinion by Justice Benavides

This matter is before the court on appellant’s failure to file a brief. After granting

appellant’s first motion for extension of time to file a brief, appellant’s brief was due to be

filed on or before July 30, 2024. On August 9, 2024, the Clerk of the Court notified

appellant via email that his brief was past due. Appellant was further notified that if he

failed to reasonably explain the failure to file a brief within ten days from the date of the notice, the appeal would be dismissed for want of prosecution. See TEX. R. APP. P.

42.3(b), (c).

On August 27, 2024, the Clerk of the Court sent appellant notice that his brief was

past due. Appellant was further notified that if he failed to reasonably explain the failure

to file a brief within ten days from the date of the notice, the appeal would be dismissed

for want of prosecution. See id. This notice was entitled final notice and was sent via email

and certified mail, return receipt requested. On September 10, 2024, the clerk’s final

notice was returned to sender and marked “return to sender,” “attempted-not known,” and

“unable to forward.” Copies of each notice were emailed to appellant’s only known email

address.

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, fax number,

if any, and email address.” See id. R. 9.1(b). Appellant has not provided updated contact

information if the information currently on file for him is incorrect.

Furthermore, Texas Rule of Appellate Procedure 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. R. 42.3(b), (c). Accordingly, we dismiss the appeal for want of prosecution. See id.

GINA M. BENAVIDES Justice

Delivered and filed on the 3rd day of October, 2024.