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 2010-09

Simmons, Jannace & Stagg, LLP v. the Buzbee Law Firm ( 2010 )


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  • Dismissed and Opinion filed September 30, 2010.

     

    In The

     

    Fourteenth Court of Appeals

    ____________

     

    NO. 14-09-00699-CV

    ____________

     

    SIMMONS, JANNACE & STAGG, L.L.P., Appellant

     

    V.

     

    THE BUZBEE LAW FIRM, Appellee

     

      

     

    On Appeal from County Court at Law No. 3

    Galveston County, Texas

    Trial Court Cause No. 60,368

     

      

     

    O P I N I O N

    This is an appeal from a judgment signed July 24, 2009.  The record reflects appellant, Simmons, Jannace & Stagg, L.L.P., is attempting to appear pro se.  The law firm of Simmons, Jannace & Stagg, L.L.P., may not proceed pro se.  “Corporations and partnerships, both of which are fictional legal persons, obviously cannot appear for themselves personally. . . .  [T]hey must be represented by counsel.”  Southwest Express Co. v. Interstate Commerce Comm’n, 670 F.2d 53, 54 (5th Cir. 1982) (per curiam) (interpreting 28 U.S.C. § 1654); accord Rowland v. California Men’s Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 201-02 (1993); see also Tex. Bus. Orgs. Code Ann. § 152.056 (Vernon Pamphlet 2009) (“A partnership is an entity distinct from its partners.”); Dell Dev. Corp. v. Best Indus. Uniform Supply Co., Inc., 743 S.W.2d 302 (Tex. App.—Houston [14th Dist.] 1987, writ denied) (analogizing Tex. R. Civ. P. 7 to 28 U.S.C. § 1654).

    On August 17, 2010, this court notified the parties that appellant’s brief would be stricken and the appeal subject to dismissal for want of prosecution unless an attorney authorized to practice law in the State of Texas filed a substitute brief on behalf of appellant.  Appellant was informed the appeal would be dismissed unless it filed a response on or before September 6, 2010, showing meritorious grounds for continuing the appeal.

    Appellant filed no response.  Accordingly, the appeal is ordered dismissed.

     

                                                                                                                                                                                                                                       

                                                                /s/        Jeffrey V. Brown

                                                                            Justice

     

     

    Panel consists of Justices Brown, Sullivan, and Christopher.