NUMBER 13-12-00532-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
IN THE INTEREST OF P.A.D.J. AND J.A.D, CHILDREN
___________________________________________________________
On appeal from the 404th District Court
of Cameron County, Texas.
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MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Longoria
Memorandum Opinion Per Curiam
Appellant, Peter Anthony Davila, filed an appeal from a judgment entered by the
404th District Court at Law of Cameron County, Texas, in cause number
2007-12-6394-G. On October 16, 2012, and November 19, 2012, the Clerk of this Court
notified appellant that the clerk's record in the above cause was originally due on October
5, 2012, and that the deputy 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 notices were returned as
unable to forward.
The district clerk notified this Court that the trial court denied appellant’s affidavit of
indigence on November 27, 2012, and additionally provided this Court with an updated
address for appellant. On December 4, 2012, the Clerk of this Court again notified
appellant that the clerk's record had not been filed and that the district clerk, Jesus Cantu,
had notified this Court that appellant failed to make arrangements for payment of the
clerk's record. 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 and regular mail; however, the mail was returned as 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, and fax
number, if any." See TEX. R. APP. P. 9.1(b). Appellant has neither provided this court
with a forwarding address nor taken any other action to prosecute this appeal.
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
7th day of February, 2013.
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