Carrie M. Leo v. Michelle Smith, D/B/A Mini-S Exotic Zoo, L.L.P.

NO. 12-21-00134-CV IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

CARRIE M. LEO, § APPEAL FROM THE 402ND APPELLANT V. § JUDICIAL DISTRICT COURT MICHELLE SMITH, D/B/A MINI-S EXOTIC ZOO, L.L.P., § WOOD 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).

Appellant, Carrie M. Leo, filed a pro se notice of appeal on August 12, 2021. On August 16, 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. 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 September 15, the appeal would be referred to the Court for dismissal. On September 13, Appellant filed an amended notice of appeal, but the notice still fails to comply with Section 51.017(a). 1

Because Appellant failed, after notice, to comply with Section 51.017(a), the appeal is dismissed. 2 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 September 15, 2021.

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT SEPTEMBER 15, 2021 NO. 12-21-00134-CV

CARRIE M. LEO,

Appellant V.

MICHELLE SMITH, D/B/A MINI-S EXOTIC ZOO, L.L.P.,

Appellee Appeal from the 402nd District Court of Wood County, Texas (Tr.Ct.No. 2019-673)

THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by this Court that the 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.