CRYSTAL BENAVIDEZ v. CORPUS CHRISTI HOUSING AUTHORITY (2017)

MEMORANDUM OPINION

Appellant Crystal Benavidez filed a pro se notice of appeal in this case on August 29, 2016 seeking to set aside a default judgment rendered against her in an eviction case. The notice of appeal was defective, and that same day, the Clerk of this Court notified appellant that her notice of appeal should be corrected within thirty days. See TEX. R. APP. P. 9.5(e); id. R. 25.1(e). On November 21, 2016, the Clerk of this Court notified appellant that her brief was due on or before Wednesday, December 21, 2016. Both of this Court's notices were sent to appellant's last known address; however, both notices were returned to this Court on grounds that appellant no longer resided at that address, and the mail could not be forwarded. The Court has sent other correspondence to appellant, which has also been returned as undeliverable. Appellant has not corrected the defect in her notice of appeal or filed a brief in this matter.

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 id. R. 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. R. 42.3(b), (c); see also Olivarez v. Garza, No. 13-16-00259-CV, 2016 WL 4699194, at *1 (Tex. App.—Corpus Christi Sept. 8, 2016, no pet.) (per curiam mem. op.).

NORA L. LONGORIA Justice