Opinion
05-23-00891-CV
10-26-2023
On Appeal from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-17309
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
This appeal was filed by Carl Azbell, on his behalf as "an individual dba: The Azbell Group" and on behalf of Does 1 through 10 and several different corporate appellants. Pursuant to our order of September 20, 2023, Does 1 through 10 and the corporate appellants were to file, within thirty days, a notice of designation of counsel in accordance with Texas Rule of Appellate Procedure 6.1(c). See Tex. R. App. P. 6.1(c). By motion filed October 20, 2023, Mr. Azbell requests additional time to comply. Separately, Mr. Azbell has filed a notice stating Andrew Olivo of the Law Offices of Andrew Olivo will be appearing as counsel of record "on behalf of Defendants."
We STRIKE the notice of appearance filed by Mr. Azbell without prejudice to Mr. Olivo filing a notice of appearance and DIRECT the Clerk of the Court to remove Mr. Olivo as counsel for appellants. We GRANT the extension motion and ORDER the notice of designation of counsel be filed no later than November 20, 2023. As we cautioned in our September 20th order, further action in this appeal on behalf of the corporate appellants and Does 1 through 10 may only be taken by a licensed attorney and failure to file the requested designation notice may result in dismissal of corporate appellants and Does 1 through 10's appeal without further notice. See Tex. R. App. P. 42.3.
We DIRECT the Clerk of the Court to send a copy of this order to Mr. Olivo and the parties.