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Scott Beavers v. Paige Pattillo on Behalf of Minor Child, R. W. ( 2024 )


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  •                                       NO. 12-24-00007-CV
    IN THE COURT OF APPEALS
    TWELFTH COURT OF APPEALS DISTRICT
    TYLER, TEXAS
    SCOTT BEAVERS,                                        §       APPEAL FROM THE
    APPELLANT
    V.                                                    §       COUNTY COURT
    PAIGE PATTILLO ON BEHALF OF
    MINOR CHILD, R. W.,                                   §       NACOGDOCHES COUNTY, TEXAS
    APPELLEE
    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).
    Scott Beavers filed a pro se notice of appeal on January 17, 2024. On January 19, the
    Clerk of this Court notified Appellant that the notice of appeal failed to contain the information
    specifically required by Section 51.017(a) of the Texas Civil Practice and Remedies Code. 1 See
    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 February 20, 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.
    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
    1 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.).
    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).
    Opinion delivered April 10, 2024.
    Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
    2
    COURT OF APPEALS
    TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
    JUDGMENT
    APRIL 10, 2024
    NO. 12-24-00007-CV
    SCOTT BEAVERS,
    Appellant
    V.
    PAIGE PATTILLO ON BEHALF OF MINOR CHILD, R. W.,
    Appellee
    Appeal from the County Court
    of Nacogdoches County, Texas (Tr.Ct.No. C2338971)
    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.
    By per curiam opinion.
    Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J
    

Document Info

Docket Number: 12-24-00007-CV

Filed Date: 4/10/2024

Precedential Status: Precedential

Modified Date: 4/13/2024