                            NUMBER 13-19-00533-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI – EDINBURG
____________________________________________________________

ALLEN MICHAEL CANALES,                                                     Appellant,

                                          v.

ERIKA LEE RODRIGUEZ,                                Appellee.
____________________________________________________________

              On appeal from the 28th District Court
                   of Nueces County, Texas.
____________________________________________________________

                       MEMORANDUM OPINION
  Before Chief Justice Contreras and Justices Longoria and Perkes
              Memorandum Opinion by Justice Perkes
      On December 6, 2019, the Clerk of the Court notified appellant via certified letter

that his notice of appeal was defective. On January 2, 2020, the letter was returned

“unclaimed, unable to forward.” On January 3, 2020, the Clerk of the Court sent a letter

via regular mail requesting the defect be corrected. To date, no response nor

communication has been received from appellant.
       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. TEX. R. APP. P. 42.3(b), (c). Rule 2 authorizes

an appellate court to suspend a rule's operation in a particular case to expedite a decision.

Id. R. 2. Given the length of inactivity in this appeal and this Court's inability to give

effective notice to appellant, 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(a), (c).

       Appellant has failed to correct or reasonably explain his failure to correct the notice

of appeal. Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION.

                                                         GREGORY T. PERKES
                                                         Justice

Delivered and filed the
20th day of February, 2020.




                                              2
