Arroyo Colorado v. Thomas M. McMurray ( 2011 )

NUMBER 13-11-00358-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
ARROYO COLORADO, APPELLANT,
v.
THOMAS M. MCMURRAY, APPELLEE.
____________________________________________________________
On Appeal from the 105th District Court
of Kleberg County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Garza and Vela
Memorandum Opinion Per Curiam
Appellant, Arroyo Colorado, appealed a judgment entered by the 105th District
Court of Kleberg County, Texas. On June 13, 2011, the Clerk of this Court notified
appellant that the notice of appeal failed to comply with Texas Rule of Appellate
Procedure 9.5(e). See TEX. R. APP. P. 9.5(e). The Clerk directed appellant to file an
amended notice of appeal with the district clerk's office within 30 days from the date of
that notice. On October 12, 2011, the Clerk notified appellant that the defect had not
been corrected and warned appellant that the appeal would be dismissed if the defect
were not cured within ten days. 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 on November 15, 2011. Appellant has not responded to the notice or
corrected the defect.
On October 7, 2011, the Clerk of this Court notified appellant, in accordance with
Texas Rule of Appellate Procedure 42.3(c), that we would dismiss this appeal unless the
$175.00 filing fee was paid. See TEX. R. APP. P. 42.3(c). 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 on November 15, 2011. Appellant has not
responded to the notice or paid the $175.00 filing fee. See TEX. R. APP. P. 5, 12.1(b).
The Court, having considered the documents on file and appellant=s failure to
respond to this Court’s notices and correct the defect or pay the filing fee, is of the opinion
that the appeal should be dismissed. See id. 37.3, 42.3(b),(c). Accordingly, the appeal
is DISMISSED for want of prosecution.
PER CURIAM
Delivered and filed the
29th day of December, 2011.
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