NUMBER 13-10-00288-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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IN THE INTEREST OF R.F.M., A MINOR CHILD
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On Appeal from the 343rd District Court
of San Patricio County, Texas.
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MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Vela
Memorandum Opinion Per Curiam
Appellant's brief in the above cause was due on May 19, 2011. On June 7, 2011,
the Court notified appellant that the appeal was subject to dismissal for want of
prosecution unless, within ten days, appellant reasonably explained his failure to file the
brief and the appellee was not significantly injured by his failure to do so. The notice was
sent certified mail to appellant's last known forwarding address; however, the notice was
returned unclaimed. Upon receiving the returned mail, the Court resent the notice to
appellant at same address by regular mail. To date, no response has been received
from appellant.
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.
Rule 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. 42.3(b), (c). Rule 2 authorizes an
appellate court to suspend a rule's operation in a particular case to expedite a decision.
See id. 2. Given the length of inactivity in this appeal and this court's inability to give
effective notice to appellant during the period of inactivity, we suspend Rule 42.3's
requirement of ten days' notice to all parties, and dismiss the appeal on our own motion.
See id. 42.3(b), (c).
PER CURIAM
Delivered and filed the
26th day of August, 2011.
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