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Leo v. Cavitt

Court of Appeals of Texas, Twelfth District, Tyler
Apr 29, 2022
No. 12-21-00096-CV (Tex. App. Apr. 29, 2022)

Opinion

12-21-00096-CV

04-29-2022

CARRIE M. LEO, APPELLANT v. LORI M. CAVITT, D/B/A HENDERSON ANIMAL CARE HOSPITAL, APPELLEE


APPEAL FROM THE 2ND JUDICIAL DISTRICT COURT CHEROKEE COUNTY, TEXAS

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of prosecution. See TEX. R. APP. P. 42.3(b). Appellant, Carrie M. Leo, perfected this appeal on July 1, 2021. The reporter's record was filed on September 20, 2021 and the clerk's record was filed on December 20. Leo's brief was due on or before January 19, 2022. Leo requested and received three extensions. We granted the third extension to April 19, ordered that no further extensions would be entertained, and warned that failure to file the brief by the extended deadline may result in the case being referred to the Court for dismissal.

The April 19 deadline passed, and Leo has not filed a brief, a motion for leave to file a late brief, or a motion for extension of time. Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b). Opinion delivered April 29, 2022.

Leo is acting pro se; however, 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.).

JUDGMENT

THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed for want of prosecution.

It is therefore ORDERED, ADJUDGED and DECREED by this Court that the appeal be, and the same is, hereby dismissed for want of prosecution; and that this decision be certified to the court below for observance.


Summaries of

Leo v. Cavitt

Court of Appeals of Texas, Twelfth District, Tyler
Apr 29, 2022
No. 12-21-00096-CV (Tex. App. Apr. 29, 2022)
Case details for

Leo v. Cavitt

Case Details

Full title:CARRIE M. LEO, APPELLANT v. LORI M. CAVITT, D/B/A HENDERSON ANIMAL CARE…

Court:Court of Appeals of Texas, Twelfth District, Tyler

Date published: Apr 29, 2022

Citations

No. 12-21-00096-CV (Tex. App. Apr. 29, 2022)