Randolph Reed v. Charlie Clark Auto Care, LLC ( 2024 )

NUMBER 13-24-00127-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
____________________________________________________________
RANDOLPH REED, Appellant,
v.
CHARLIE CLARK AUTO CARE, LLC, Appellee.
____________________________________________________________
ON APPEAL FROM THE COUNTY COURT AT LAW NO. 3
OF CAMERON COUNTY, TEXAS
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Benavides and Silva
Memorandum Opinion by Justice Benavides
This matter is before the court on appellant’s failure to file a brief. After granting
appellant’s first motion for extension of time to file a brief, appellant’s brief was due to be
filed on or before July 30, 2024. On August 9, 2024, the Clerk of the Court notified
appellant via email that his brief was past due. Appellant was further notified that if he
failed to reasonably explain the failure to file a brief within ten days from the date of the
notice, the appeal would be dismissed for want of prosecution. See TEX. R. APP. P.
42.3(b), (c).
On August 27, 2024, the Clerk of the Court sent appellant notice that his brief was
past due. Appellant was further notified that if he failed to reasonably explain the failure
to file a brief within ten days from the date of the notice, the appeal would be dismissed
for want of prosecution. See id. This notice was entitled final notice and was sent via email
and certified mail, return receipt requested. On September 10, 2024, the clerk’s final
notice was returned to sender and marked “return to sender,” “attempted-not known,” and
“unable to forward.” Copies of each notice were emailed to appellant’s only known email
address.
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, fax number,
if any, and email address.” See id. R. 9.1(b). Appellant has not provided updated contact
information if the information currently on file for him is incorrect.
Furthermore, Texas Rule of Appellate Procedure 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. R. 42.3(b), (c). Accordingly, we dismiss the appeal for want of prosecution. See id.
GINA M. BENAVIDES
Justice
Delivered and filed on the
3rd day of October, 2024.
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