Opinion
13-23-00130-CV
08-31-2023
KASSANDRA CASAS, Appellant, v. SIERRA HOUSING, LTD, Appellee.
On appeal from the County Court at Law No. 5 of Nueces County, Texas.
Before Justices Tijerina, Silva, and Peña
MEMORANDUM OPINION
JAIME TIJERINA, JUSTICE
Appellant filed a notice of appeal on March 31, 2023. On April 5, 2023, the Clerk of the Court notified appellant that the notice of appeal was defective and did not comply with Texas Rules of Appellate Procedure 9.5(e) and 25.1(d)(2), (3), and (4). See Tex. R. App. P. 9.5, 25.1.
On June 9, 2023, the Clerk of this Court again notified appellant of the defects in her notice of appeal; the Clerk of the Court notified appellant that the appeal was subject to dismissal if the defects were not corrected within ten (10) days from the date of receipt of the letter. See Tex. R. App. P. 42.3(b), (c). On July 18, 2023, the Clerk of the Court sent a second notice via certified mail return receipt requested. On August 14, 2023, the clerk's notice was returned to sender and marked "return to sender," "unclaimed," 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, fax number, if any, and email address." See Tex. R. App. P. 9.1(b). The clerk's office does not have a telephone number for Appellant, and the district clerk did not have any additional contact information for the appellant.
Furthermore, Texas Rule of Appellate Procedure 42.3 permits an appellate court, on its own initiative after giving ten (10) 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.