






NUMBER 13-08-00065-CV


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG 

______________________________________________________________
 
VIRGINIA YOUNG, 	Appellant,

v.


DENNIS L. YOUNG,	Appellee. 
_____________________________________________________________

On appeal from the 267th District Court of Victoria County, Texas.

______________________________________________________________

MEMORANDUM OPINION

 
Before Justices Yañez, Garza, and Vela

Memorandum Opinion Per Curiam

	Appellant, pro se, was ordered on September 25, 2008, to notify this Court if she
retained new counsel by October 30, 2008, and to make arrangements for payment of the
clerk's record and notify the Court by October 30, 2008.  The order states that no further
extensions will be granted and that if appellant fails to comply as ordered, the appeal will
be dismissed.  The order was sent regular and certified mail return receipt requested to 
appellant's last known address.  The certified mail was returned unclaimed, but the
correspondence sent by regular mail was not returned.  Appellant has not filed a response
pursuant to the order issued on September 25, 2008.
	On September 2, 2008, the Clerk of the Court notified appellant that she was
delinquent in remitting a $175.00 filing fee.  The Clerk of this Court notified appellant that
the appeal was subject to dismissal if the filing fee was not paid within ten days from the
date of receipt of the letter.  See Tex. R. App. P. 42.3(b), (c).  The correspondence was
sent regular and certified mail return receipt requested to  appellant's last known address. 
The certified mail was returned unclaimed, but the correspondence sent by regular mail
was not returned.  
	Appellant has not provided this court with a forwarding 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, and fax number, if any."  See id.
9.1(b). 	
	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).
Appellant has failed to respond to this Court's order and has failed to pay the filing fee. 
Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION.  See Tex. R. App.
P. 38.8(a), 42.3(b). 							
								PER CURIAM
Memorandum Opinion delivered and 
filed this the 4th day of December, 2008. 




 
