## NO. 12 - 23 - 00262 -CV I N THE COURT OF APPEALS TW ELFTH COURT OF APPEALS DISTRICT TY LER, TEXAS
RONNIE LYNN GILBERT , APPELLANT V. BO B YORK , APPELLEE § § § APPEAL FROM THE 7TH J

UDICIAL DISTRICT COURT S

MITH COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM Thi s appeal is being dismissed for failu re to comply wit h th e Texas R ules of App ellate Procedure. See T EX . R. A PP . P. 42.3( c)
. Ronnie Lynn Gilbert , acting pro se, filed a notice of appeal on October 10 , 2023
. On October 11, the Clerk of this Court n otified Appellant that the no tice of appeal fa iled to contain t he information specifically r equired by Texas Rul es of Appellate P rocedure 9.5 and Section 51.017(a) of the Texas Civil Practice and Remedies Code. 1 See T EX . R. A PP . P. 9.5 (service); see also T EX . C IV . P RA C . & R EM . C ODE A NN . § 51.017(a) (West Supp. 2019) (notice of appeal must be served on each court reporter responsib le for pr eparing reporter ’ s record). The notice warned that, unless Appellant filed a proper notice of appeal on or before Oct ober 23 , the appeal would be refer red to the Co urt for dismissal. On October 19, Appellant filed a motion for extension of time, w hich failed to comply with appellate Rules 9.5 and 10.1. See T EX . R. A PP . P. 10.1 (content s of motions). Thu s, this Court gave Appellant until October 30 to comply w ith the

1 P ro se lit igants are held to the same standar ds as licensed at torneys and must comply with all applicable rules of procedure; other wise, pro se li tigants would benef it from an unfair ad vantage over parties repr ese nted by counsel
. Muhamm ed v. Plai n s Pipeline, L.P. , No. 12
- 16
- 00189
- CV, 20 17 WL 2665180 , at *2 n.3 (Tex. App. —T yler June 21, 2017, no pet.) (mem. op.)
.2 rules. This deadline passed and Appellant has not filed a comp liant motion for extension of tim e, a compliant not ice of appeal , or other respon se to this Court’ s notices. Because Appellant failed, after not ice, to comply with Rule 9.5 and Section 51.017(a) , the appeal is dismissed
. See T EX . R. A PP . P. 42.3(c) (on it s own initiative af ter giving ten days ’ notice to all par ties, appellate court may dismiss appeal if appeal is subject to dismissal because appe llant failed to comply with a requirement of these rules, a court order, or a notice from the cl erk requiring a response or other a ction within a specified time)
. O pinion delivered November 8, 2023. Panel consisted of Worthe n, C.J., Hoyle, J., and Neeley, J.

## COURT OF APPEALS TW ELFTH COURT OF APPEALS DISTRI CT OF TEXAS J UDGMENT
NO VEMBER 8, 2023 NO . 12-23-00262- CV R O NNIE LYNN GILBERT , Appellant V. BOB YORK , App ellee A ppeal from the 7th District Court of Smith County, Texas (Tr.Ct.No. 22-2185-A) THIS CAU SE came on to be heard on the appellate re cord, a nd the same being considered, it is the opinion of this Court th at the appeal should be dismissed. It is t herefore ORDERED, ADJUDG ED and DE CREED by this Cou rt t hat this appeal be, and the same is, he reby dismissed ; and that this decision be certifie d to t h e court below for observance. B y per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J

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