Opinion
No. 10-11-00133-CV
Order issued and filed July 6, 2011. DO NOT PUBLISH.
Appealed from the 18th District Court, Johnson County, Texas, Trial Court No. C201100001.
Appeal partially dismissed.
Before Chief Justice GRAY, Justice DAVIS, and Justice SCOGGINS.
ORDER
In a letter dated May 3, 2011, the Clerk notified Appellant Forrest Cleburne Properties, LP that this appeal would be dismissed as to it unless, within 21 days after the letter's date, it filed (1) a notice of appearance by counsel for it, and (2) an amended notice of appeal signed by its counsel.
The Clerk's letter noted that, while Forrest Cleburne Properties, LP and Charles Michael Forrest appeared to be the appealing parties, the notice of appeal was also signed by Forrest Property Management, Inc., Forrest Chevrolet-Cadillac, Inc., and Forrest Pontiac-Buick-GMC Trucks, Inc. Based on the terms of the order being appealed and the notice of appeal, the Court has determined that the only appellants are Forrest Cleburne Properties, LP and Charles Michael Forrest.
Forrest Cleburne Properties, LP is a Texas limited liability partnership, ( see Forrest Prop. Mngmt, Inc. v. Forrest, No. 10-09-00338, 2010 WL 2869820, at *1 (Tex. App.-Waco July 21, 2010, no pet.), and it may appear and be represented only by a licensed attorney. See Kunstoplast of Am., Inc. v. Formosa Plastics Corp., U.S.A., 937 S.W.2d 455, 456 (Tex. 1996); MHL Homebuilder LLC v. Dabal/Graphic Resource, No. 14-05-00295-CV, 2005 WL 1404475 (Tex. App.-Houston [14th Dist.] June 16, 2005, no pet.) (mem. op.). The notice of appeal as to Forrest Cleburne Properties, LP was signed by Charles Michael Forrest as its President, and he does not appear to be a licensed attorney.
Because Appellant Forrest Cleburne Properties, LP has failed to comply with the Clerk's letter, this appeal is dismissed as to it. See TEX. R. APP. P. 42.3(c).