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Olda Rachel Guardiola v. Maricela Rodriguez
IFP petition · Supreme Court of Texas, No. 25-0353 · judgment September 5, 2025
Questions presented
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Whether the Fourteenth Amendment permits a state court—after its plenary jurisdiction has expired—to use a nunc pro tunc order to retroactively convert a dismissal for want of prosecution into a dismissal “with prejudice,”a substantive judicial change that Texas law forbids after jurisdiction ends.
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Whether attorney abandonment—established through disciplinary proceedings and occurring without withdrawal or notice—constitutes “cause” that cannot be attributed to the litigant under this Court’s precedent, including Maples v. Thomas, 565 U.S. 266 (2012).
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Whether due process permits a dispositive hearing to proceed during attorney abandonment, where counsel actively prevented the litigant from communicating with the court (App. 28) and no transcript exists to permit appellate review.
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Whether due process and meaningful appellate review are denied when a dispositive hearing proceeds with ho court reporter because local policy requires litigants to privately hire and pay for one, resulting in the complete absence of a record for appeal.
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Whether executing an eviction judgment while a related appeal is pending violates the Fourteenth Amendment’s guarantees of due process and access to the courts.
Counsel of record
For petitioner
Olda R. Guardiola
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 20 2026Petition DENIED.
- Mar 26 2026DISTRIBUTED for Conference of 4/17/2026.
- Dec 01 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 12, 2026)