Opinion
12-23-00262-CV
11-08-2023
RONNIE LYNN GILBERT, APPELLANT v. BOB YORK, APPELLEE
Appeal from the 7th District Court of Smith County, Texas (Tr.Ct.No. 22-2185-A)
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(c).
Ronnie Lynn Gilbert, acting pro se, filed a notice of appeal on October 10, 2023. On October 11, the Clerk of this Court notified Appellant that the notice of appeal failed to contain the information specifically required by Texas Rules 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). The notice warned that, unless Appellant filed a proper notice of appeal on or before October 23, the appeal would be referred to the Court for dismissal. On October 19, Appellant filed a motion for extension of time, which failed to comply with appellate Rules 9.5 and 10.1. See Tex. R. App. P. 10.1 (contents of motions). Thus, this Court gave Appellant until October 30 to comply with the rules. This deadline passed and Appellant has not filed a compliant motion for extension of time, a compliant notice of appeal, or other response to this Court's notices.
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.).
Because Appellant failed, after notice, to comply with Rule 9.5 and Section 51.017(a), the appeal is dismissed. See Tex. R. App. P. 42.3(c) (on its own initiative after giving ten days' notice to all parties, appellate court may dismiss appeal if appeal is subject to dismissal because appellant failed to comply with a requirement of these rules, a court order, or a notice from the clerk requiring a response or other action within a specified time).
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.