In arguendo and assuming that a docket entry is constructive notice that complieswith the notice delivery requirements under Rules 42.3 and 32.1 giving “ten days notice to allparties”, that would still have allowed Relator until September 18 to comply with any allegeddefects – but the appeal had already been dismissed two days earlier on September 16.5.
If the dismissal was due to a procedural error, the docket itself confirms it was acourt error, and therefore the Respondent appellate court’s dismissal should be vacated.
Texas Rules of Appellate Procedure
41.1(a)(1) states:[“the court may dismiss the appeal or affirm the appealed judgment or order unless
suchdisposition would prevent a party from seeking relief to which it would otherwise beentitled”.]6.
Should it be determined that Relator caused the error, then proper procedurerequires that the party be notified of the error and given an opportunity to correct the error.“Court errs if court dismisses pro se litigant without instructions of how pleadings are deficientand how to repair pleadings.”
Plaskey v CIA
, 953 F .2
25. “The trial judge should inform a prose litigant of the proper procedure for the action he or she is obviously attempting toaccomplish.” (
Breck v. Ulmer
, 745 P.2d 66, 75 (1987).7.
Relator only became aware of the reason for dismissal upon receipt of Respondent’s Memorandum Opinion, which came prior to his application to proceed at no cost.
No Notice, No Review, No Ruling + No Appeal = No Equal Protection or Due Process.
Denial of equal protection of the laws and denial of due process was clearly theproduct of bias and prejudice of the Court. See
Griffen v. Breckenridge
, 403 U.S. 88, 102 (1971).9.
In the instant case, the trial court reporter and court clerk did
contest Relator’saffidavit. At best, Real Parties informally contested the affidavit by letter, but no contest was