Kathy Shaw v. Juanita Cesar Worrell ( 2016 )

Opinion issued January 21, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-00165-CV
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KATHY SHAW, Appellant
V.
JUANITA CESAR WORRELL, Appellee
On Appeal from the County Civil Court at Law No. 1
Harris County, Texas
Trial Court Case No. 1056379
MEMORANDUM OPINION
Appellant, Kathy Shaw, proceeding pro se, appealed from the trial court’s
final judgment, signed on January 12, 2015, in this forcible detainer action. See
TEX. R. APP. P. 26.1. However, after the clerk’s record was filed on October 27,
2015, making the appellate record complete because there was no reporter’s
record, appellant failed to timely file her appellate brief. See id. 38.6(a).
On December 16, 2015, the Clerk of this Court notified appellant that her
appeal was subject to dismissal for failure to timely file her appellate brief, and that
her appeal would be dismissed unless she responded within 10 days. See id.
38.8(a)(1), 42.3(c). The Court’s notice was returned with the following marked on
the envelope: “RETURN TO SENDER[,] NOT DELIVERABLE AS
ADDRESSED[,] UNABLE TO FORWARD.” Appellant has neither timely filed
her brief or other response to the Court’s notice, nor provided the Clerk of this
Court with any other address. See id. 9.1(b) (“A party not represented by counsel
must sign any document . . . and give the party’s mailing address, telephone
number, fax number, if any, and email address.”); 38.8(a)(1), 42.3(c).
Accordingly, we dismiss the appeal for want of prosecution for failure to
timely file a brief. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c). We dismiss any
pending motions as moot.
PER CURIAM
Panel consists of Justices Jennings, Keyes, and Bland.
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