Suywanna Baker v. The Preserve

Summary

The Texas Court of Appeals for the Twelfth District dismissed Suywanna Baker’s pro se appeal after she failed to file a required docketing statement or respond to the court’s notice. The court dismissed the appeal under Texas Rule of Appellate Procedure 42.3(c), also noting deficiencies in the notice of appeal.

Holdings

1. An appellate court may dismiss an appeal under Texas Rule of Appellate Procedure 42.3(c) when, after ten days' notice and an opportunity to cure, the appellant fails to comply with the docketing-statement requirement of Rule 32.1.
2. Pro se litigants must comply with the same applicable procedural rules as licensed attorneys.

Questions Presented

1. Whether the appeal should be dismissed after the pro se appellant failed, despite notice and an opportunity to cure, to file the docketing statement required by Texas Rule of Appellate Procedure 32.1.
2. Whether the court could dismiss the appeal under Texas Rule of Appellate Procedure 42.3(c) for failure to comply with the appellate rules and the court's notice.

Disposition

dismissed