Opinion
12-24-00160-CV
06-21-2024
CANDICE HILBURN, APPELLANT v. LARRY KELLUM, APPELLEE
Appeal from the County Court at Law No 1 of Johnson County, Texas (Tr.Ct.No. CC-C20240144)
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).
This case was transferred to this Court from the Tenth Court of Appeals in Waco, Texas, pursuant to a docket equalization order. See TEX. GOV'T CODE ANN. § 73.001 (West 2013).
Candice Hilburn, acting pro se, filed a notice of appeal on May 22, 2024. On May 28, the Clerk of this Court notified Appellant that the notice of appeal failed to contain the information specifically required by appellate Rule 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 June 7, the appeal would be referred to the Court for dismissal. This deadline passed and Appellant has not filed a compliant notice of appeal or other response to this Court's notice.
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.); see Mount v. Escondido Village, LLC, No. 10-12-00300-CV, 2022 WL 3453375, at *1 (Tex. App.-Waco Aug. 17, 2022, no pet.) (mem. op.).
Because Appellant failed, after notice, to comply with 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).
We also note that Appellant has not (1) filed the required docketing statement or (2) paid the applicable filing fee or otherwise shown she is excused from paying the fee. See TEX. R. APP. P. 32.1. (DOCKETING STATEMENT); see also TEX. R. APP. P. 5 (fees in civil cases); TEX. R. APP. P. 20.1 (when party is indigent).
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.