No. 25-6777

Olda Rachel Guardiola v. Maricela Rodriguez

Lower Court: Texas
Docketed: 2026-02-10
Status: Pending
Type: IFP
IFP
Tags: due-process fourteenth-amendment judicial-jurisdiction nunc-pro-tunc procedural-change state-court
Key Terms:
DueProcess
Latest Conference: N/A
Question Presented (AI Summary)

Whether the Fourteenth Amendment permits a state court to retroactively convert a dismissal through a nunc pro tunc order after its plenary jurisdiction has expired

Question Presented (from Petition)

1. 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. 2. 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). 3. 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. 4. 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. 5. 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.

Docket Entries

2025-12-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 12, 2026)

Attorneys

Olda R. Guardiola
Olda R. Guardiola — Petitioner
Olda R. Guardiola — Petitioner