Opinion
12-22-00214-CV
08-30-2022
SUYWANNA BAKER, APPELLANT v. THE PRESERVE, APPELLEE
Appeal from the County Court at Law No. 2 of Gregg County, Texas (Tr. Ct. No. 2022-0090-C)
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.3.
Suywanna Baker, acting pro se, filed a notice of appeal on July 28, 2022. Pursuant to Rule 32.1, her docketing statement was due to have been filed at the time appeal was perfected. See Tex. R. App. P. 32.1. On July 29, this Court requested that Appellant file a docketing statement within ten days if she had not already done so. Appellant did not file a docketing statement as requested.
Pro se litigants are held to the same standards as licensed attorneys and must comply with all applicable rules of procedure; otherwise, pro se litigants would benefit from an unfair advantage over parties represented by counsel. Muhammed v. Plains Pipeline, L.P., No. 12-16-00189-CV, 2017 WL 2665180, at *2 n.3 (Tex. App.- Tyler June 21, 2017, no pet.) (mem. op.).
On August 12, the Clerk of this Court issued a notice advising Appellant that her docketing statement was past due. The notice provided that unless the docketing statement was filed on or before August 22, the appeal would be presented for dismissal in accordance with Texas Rule of Appellate Procedure 42.3. Appellant did not file the required docketing statement or otherwise respond to this Court's notice.
Accordingly, because Appellant failed, after notice, to comply with Rule 32.1, the appeal is dismissed. See Tex. R. App. P. 42.3(c) (after giving ten days' notice, appellate court may dismiss appeal because appellant failed to comply with a requirement of the appellate rules, a court order, or a notice from the clerk requiring a response or other action within a specified time). Opinion delivered August 30, 2022.
We also note that Appellant's notice of appeal fails to contain the information specifically required by Texas Rule of Appellate Procedure 9.5 and Section 51.017(a) of the Texas Civil Practice and Remedies Code. See Tex. R. App. P. 9.5 (service); see also Tex. Civ. Prac. & Rem. Code Ann. § 51.017(a) (West Supp. 2019) (notice of appeal must be served on each court reporter responsible for preparing reporter's record).
JUDGMENT
THIS CAUSE came on to be heard on the appellate record, and the same being considered, it is the opinion of this Court that the appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this Court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance.