Aarion J. Cunningham and in the Interest of A. T., a Child v. Office of the Attorney General

NO. 12-23-00235-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

AARION J. CUNNINGHAM AND IN § APPEAL FROM THE
THE INTEREST OF A. T., A CHILD,
APPELLANT

V. § COUNTY COURT AT LAW

OFFICE OF THE ATTORNEY
GENERAL,
APPELLEE § CHEROKEE COUNTY, TEXAS

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).
Aarion J. Cunningham, acting pro se, filed a notice of appeal on August 24, 2023. On
September 8, the Clerk of this Court notified Appellant that the notice of appeal failed to contain
the information specifically required by Texas Rules of Appellate Procedure 9.5 and Section
51.017(a) of the Texas Civil Practice and Remedies Code. 1 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 October 9, the appeal would be
referred to the Court for dismissal. This deadline passed and Appellant has not filed a compliant
notice of appeal or otherwise responded to this Court’s notice.

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.).
Because Appellant failed, after notice, to comply with Rule 9.5 and 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).

Opinion delivered October 18, 2023.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

2
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

OCTOBER 18, 2023

NO. 12-23-00235-CV

AARION J. CUNNINGHAM AND IN THE INTEREST OF A. T., A CHILD,
Appellant
V.
OFFICE OF THE ATTORNEY GENERAL,
Appellee

Appeal from the County Court at Law
of Cherokee County, Texas (Tr.Ct.No. FM2300146)

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.