Daryl L. Jackson and Darlene Kirchen Jackson v. Maypearl Independent School District ( 2023 )

IN THE
TENTH COURT OF APPEALS
No. 10-23-00169-CV
DARYL L. JACKSON AND DARLENE KIRCHEN JACKSON,
Appellants
v.
MAYPEARL INDEPENDENT SCHOOL DISTRICT,
Appellee
From the 40th District Court
Ellis County, Texas
Trial Court No. 21671TX
MEMORANDUM OPINION
Appellant Daryl Jackson, acting pro se, filed a notice of appeal on behalf of himself
and Darlene Kirchen Jackson from the trial court’s May 18, 2023 judgment. Daryl is not
an attorney; therefore, he is prohibited from representing Darlene on appeal. See TEX.
GOV’T CODE ANN. § 81.102; Steele v. McDonald, 202 S.W.3d 926, 928 (Tex. App.—Waco
2006, order) (per curiam).
By letter dated June 16, 2023, the Clerk of this Court notified Darlene that the Court
may not grant a party who does not file a notice of appeal more favorable relief than did
the trial court except for just cause. See TEX. R. APP. P. 25.1(c). The Clerk of the Court also
notified Darlene that although the filing of the notice of appeal by Daryl invokes this
Court’s jurisdiction over all parties to the trial court’s judgment or order appealed from,
any party’s failure to take any other step required by the Rules of Appellate Procedure,
including the failure of another party to perfect an appeal under subsection (c) of Rule
25.1, is a ground for the Court to act appropriately, including dismissing the appeal. See
id. R. 25.1(b).
Furthermore, on July 12, 2023, the Clerk of this Court notified Daryl and Darlene
that the original filing fee of $205 was past due and warned Daryl and Darlene that the
Court would dismiss the appeal unless, within twenty-one days from the date of the
letter, Daryl and Darlene paid the filing fee or obtained indigent status for the purpose of
appeal. On July 12, 2023, the Clerk of this Court also notified Daryl and Darlene that the
Court has not received the docketing statement and that this appeal would be dismissed
if the docketing statement was not filed within twenty-one days of the date of the letter.
No response has been received from Daryl or Darlene. Accordingly, this appeal is
dismissed. See id. R. 42.3(c).
MATT JOHNSON
Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Dismissed
Opinion delivered and filed August 16, 2023
[CV06]
Jackson v. Maypearl Indep. Sch. Dist. Page 2