Jackie Menyweather v. Joan Anthony ( 2018 )

Order entered August 8, 2018
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00297-CV
JACKIE MENYWEATHER, Appellant
V.
JOAN ANTHONY, Appellee
On Appeal from the County Court at Law No. 2
Kaufman County, Texas
Trial Court Cause No. 18C-001-2
ORDER
Appellee’s brief is signed by Sharon Gary as power of attorney for appellee. A power of
attorney authorizes an individual to transact business for another; it does not authorize a person
to act as a licensed attorney, representing individuals in proceedings in court. See Harkins v.
Murphy & Bolanz, 112 S.W. 136, 138 (Tex. Civ. App.—Dallas 1908, writ dism’d); BLACK’S
LAW DICTIONARY 1013 (9th ed.). In Texas, an individual may represent another in state court
only if licensed as an attorney in Texas or authorized under rules promulgated by the Texas
Supreme Court. See TEX. GOV’T CODE ANN. § 81.012 (West 2013); Paselk v. Rabun, 293
S.W.3d 600, 606 (Tex. App.—Texarkana 2009, pet. denied) (“layperson does not have right to
represent others”). Gary is neither licensed in Texas nor authorized under court rules.
Accordingly, we STRIKE appellee’s brief. Appellee may file any brief pro se or through
counsel no later than September 17, 2018.
/s/ DAVID EVANS
JUSTICE