Opinion
No. 04-18-00042-CV
01-29-2018
Joseph ESPARZA and Volaire Jet Interiors, Inc., Appellants v. Chad F. CHRISTIAN, Appellee
From the County Court At Law No. 10, Bexar County, Texas
Trial Court No. 2017CV03128
Honorable David J. Rodriguez, Judge Presiding
ORDER
The clerk's record has not been filed. In a motion for extension of time to file a notice of appeal on behalf of himself individually and on behalf of Volaire Jet Interiors, Inc., pro se appellant Joseph M. Esparza asserts the trial court signed a no-answer default judgment on October 12, 2017, and he filed a motion for new trial on November 9, 2017. Assuming these facts, Appellant's notice of appeal was due on January 10, 2018, see TEX. R. APP. P. 26.1(a), and a motion for extension of time to file a notice of appeal was due on January 25, 2018, see id. R. 26.3.
Appellant filed a notice of appeal in the trial court on January 24, 2018, and a motion for extension of time to file a notice of appeal in this court on the same day. See id. See generally Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (implying a motion for extension of time in certain circumstances).
As required by Rule 26.3, Appellant filed a notice of appeal in the trial court within fifteen days after the deadline for filing a notice of appeal and filed in this court a motion for extension of time that complies with Rule 10.5(b). See TEX. R. APP. P. 26.3.
Appellant's motion for extension of time to file a notice of appeal is GRANTED. Appellant's notice of appeal is deemed timely filed.
Although "a document filed in court by a non-attorney purportedly on behalf of a corporation . . . may be effective for certain purposes, such as . . . perfecting appeal," Rabb Int'l, Inc. v. SHL Thai Food Serv., LLC, 346 S.W.3d 208, 210 (Tex. App.—Houston [14th Dist.] 2011, no pet.), we caution Appellants that "[c]orporations appearing in court may be represented only by a licensed attorney. A corporation that attempts to thwart this rule and have a non-attorney represent the corporation does so at its peril," id. at 211 (citation omitted); see Kunstoplast of Am., Inc. v. Formosa Plastics Corp., USA, 937 S.W.2d 455, 456 (Tex. 1996) ("Generally a corporation may be represented only by a licensed attorney . . . ."); Sherman v. Boston, 486 S.W.3d 88, 98 (Tex. App.—Houston [14th Dist.] 2016, pet. denied) ("[A] non-attorney representative cannot appear for a [corporation] or present a case on its behalf. An attempt to do so has no legal effect." (citation omitted)).
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of January, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court