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

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