                             NUMBER 13-10-00592-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                      CORPUS CHRISTI - EDINBURG
____________________________________________________________

WILLIAM MAYES,                                                                 Appellant,

                                             v.

BORGES TEXAS PROPERTIES, LLC,                       Appellee.
____________________________________________________________

          On appeal from the County Court at Law No. 4
                   of Hidalgo County, Texas.
____________________________________________________________

                        MEMORANDUM OPINION
                 Before Justices Garza, Benavides, and Vela
                     Memorandum Opinion Per Curiam

       Appellant, William Mayes, appealed a judgment entered by the County Court at

Law No. 4 of Hidalgo County, Texas. On October 28, 2010, the Clerk of this Court

notified appellant that the notice of appeal failed to comply with Texas Rule of Appellate

Procedure 9.5 and 25.1(d).      See TEX. R. APP. P. 9.5, 25.1(d).       The Clerk directed

appellant to file an amended notice of appeal with the district clerk's office within 30 days
from the date of that notice. The letter was sent to appellant's last known address;

however, the notice was returned as “moved, left no address,” and no response has been

filed. The Court has attempted to contact appellant by telephone but the number has

been disconnected.

       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 TEX. R. APP. P. 9.1(b). Appellant has neither provided this court

with a forwarding address or 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. 42.3(b), (c).

                                                                       PER CURIAM

Delivered and filed the
31st day of March, 2011.




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