Katherine Kirby and All Occupants v. Dan Sciaraffa--Appeal from County Court at Law No 2 of Bexar County

MEMORANDUM OPINION

No. 04-03-00717-CV
Katherine KIRBY,
Appellant
v.
Dan SCIARAFFA,
Appellee
From the County Court at Law No. 2, Bexar County, Texas
Trial Court No. 284,619
Honorable H. Paul Canales, Judge Presiding

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and filed: January 7, 2004

APPEAL DISMISSED FOR LACK OF PROSECUTION

Appellant's brief was due October 27, 2003. On December 2, 2003, we ordered appellant to show cause why the appeal should not be dismissed. Tex. R. App. P. 42.3(b).Appellant was warned "[f]ailure to respond will result in dismissal of the appeal. Tex. R. App. P. 42.3(c)." The order was sent to appellant's last known forwarding address; however, the notice was returned unclaimed (1) and no response has been filed. Accordingly, we dismiss the appeal for lack of prosecution.

PER CURIAM

1. Tex. R. App. P. 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." Appellant has either failed to provide the court with a forwarding address or has ignored the correspondence and orders of the court by failing to claim her mail.