Scott Waller v. City of Fort Worth, Tarrant County, Fort Worth Independent School District, Tarrant County College District, Tarrant County Hospital District, and Tarrant Regional Water District ( 2016 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-16-00307-CV
SCOTT WALLER APPELLANT
V.
CITY OF FORT WORTH, TARRANT APPELLEES
COUNTY, FORT WORTH
INDEPENDENT SCHOOL
DISTRICT, TARRANT COUNTY
COLLEGE DISTRICT, TARRANT
COUNTY HOSPITAL DISTRICT,
AND TARRANT REGIONAL WATER
DISTRICT
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FROM THE 96TH DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 096-D03252-14
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MEMORANDUM OPINION1
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Appellant Scott Waller attempts to appeal from a default judgment entered
against South & West Lifestyles, Inc.
1
See Tex. R. App. P. 47.4.
On September 2, 2016, we notified Waller that it appeared we lacked
jurisdiction over this appeal because he was not a party to the trial court’s
judgment. We explained that a company may not appear in court through its
directors or officers who are not attorneys and that a notice of appeal filed by
such a director or officer is not effective. See Globe Leasing, Inc. v. Engine
Supply & Mach. Servs., 437 S.W.2d 43, 45 (Tex. Civ. App.—Houston [1st Dist.]
1969, no writ); see also Kunstoplast of Am., Inc. v. Formosa Plastics Corp., 937
S.W.2d 455, 456 (Tex. 1996) (“Generally a corporation may be represented only
by a licensed attorney . . . .”); Dell Dev. Corp. v. Best Indus. Uniform Supply Co.,
743 S.W.2d 302, 303 (Tex. App.—Houston [14th Dist.] 1987, writ denied)
(“Corporations may appear and be represented only by a licensed attorney.”).
We advised Waller that this appeal could be dismissed unless he, or any party
desiring to continue the appeal, filed a response showing grounds for continuing
the appeal on or before September 12, 2016. See Tex. R. App. P. 42.3(a),
43.2(f). Waller did not file a response, nor did any party.
Because the notice of appeal does not confer jurisdiction on this court, we
dismiss this appeal. See Tex. R. App. P. 42.3(a), 43.2(f); S & B Consulting
Group, LLC v. Dietzman, No. 02-14-00165-CV, 2014 WL 2922311, at *1 (Tex.
App.—Fort Worth June 26, 2014, no pet.) (mem. op.) (dismissing appeal of
2
limited liability companies for lack of jurisdiction when nonlawyer member signed
notice of appeal on behalf of the companies).2
PER CURIAM
PANEL: WALKER, MEIER, and GABRIEL, JJ.
DELIVERED: October 27, 2016
2
The only defendant named in the suit below was South & West Lifestyles,
Inc., and the judgment is against South & West Lifestyles, Inc. only.
3