Lawrence Eugene Fernandez v. Cesar Garcia

NUMBER 13-13-00211-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ LAWRENCE EUGENE FERNANDEZ, Appellant, v. CESAR GARCIA, Appellee. ____________________________________________________________ On appeal from the 404th District Court of Cameron County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Rodriguez, Benavides, and Longoria Memorandum Opinion Per Curiam Appellant, Lawrence Eugene Fernandez, perfected an appeal from a judgment rendered against him in favor of appellee, Cesar Garcia. On June 19, 2013, the Clerk of this Court notified appellant that the clerk's record in the above cause was originally due on June 10, 2013, and that the district clerk, Jesus Cantu, had notified this Court that appellant failed to make arrangements for payment of the clerk's record. The Clerk of this Court notified appellant of this defect so that steps could be taken to correct the defect, if it could be done. See TEX. R. APP. P. 37.3, 42.3(b),(c). Appellant was advised that, if the defect was not corrected within ten days from the date of receipt of this notice, the appeal would be dismissed for want of prosecution. The notice was sent to appellant’s address by certified mail return receipt requested; however, the certified mail was returned as unclaimed and unable to forward. Subsequently, the Clerk of the Court sent the notice to appellant by regular mail. Appellant has failed to respond to this Court’s notices. Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION. See TEX. R. APP. P. 42.3(b), (c). PER CURIAM Delivered and filed the 5th day of September, 2013. 2