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BDTP, LLC v. United Structures of Am., Inc.

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
Mar 30, 2021
Appellate case number: 01-20-00464-CV (Tex. App. Mar. 30, 2021)

Opinion

Appellate case number: 01-20-00464-CV

03-30-2021

BDTP, LLC, Shawn Nyahay, and Wesley T. Fortune v. United Structures of America, Inc.


ORDER Trial court case number: 2019-48435 Trial court: 125th District Court of Harris County

Appellants, BDTP, LLC, Shawn Nyahay, and Wesley T. Fortune, filed a notice of accelerated appeal of the denial of a special appearance. At that time, all appellants were represented by the same counsel. Counsel filed a motion to withdraw, which this Court granted.

Concerning appellant, BDTP, LLC, no new counsel has appeared. "Except for the performance of ministerial tasks, corporations may appear and be represented only by a licensed attorney." MHL Homebuilder LLC v. Dabal/Graphic Resource, No. 14-05-00295-CV, 2005 WL 1404475, at *1 (Tex. App.—Houston [14th Dist.] June 16, 2005, no pet.) (per curiam) (mem. op.) (citing Kunstoplast of Am., Inc. v. Formosa Plastics Corp., USA, 937 S.W.2d 455, 456 (Tex. 1996)). Accordingly, the Court orders that, unless a licensed attorney files an appearance for BDTP, LLC, this Court may dismiss it from this appeal for want of prosecution without further notice. See TEX. R. APP. P. 42.3(b), (c). Any appearance must be filed within 20 days of the date of this Order.

Appellant, Wesley T. Fortune, prematurely filed a pro se brief on February 8, 2021. At that time, appellant's brief was not yet due because the reporter's record had not been filed. Appellants' briefs were not due until 20 days after the complete record was filed. See TEX. R. APP. P. 38.6(a). The reporter's record was filed on March 1, 2021. Accordingly, appellants' briefs were not due until March 22, 2021. See id.

Appellees, United Structures of America, Inc., and Precision Building Systems, Inc., filed their briefs on March 24, 2021. Because appellants briefs were not yet due, appellees' briefs were also filed prematurely. See TEX. R. APP. P. 38.6(b) (appellee's brief not due until 20 days after appellant's brief filed).

Appellants BDTP, LLC and Shawn Nyahay have not advised this Court that they will not be filing a brief. Accordingly, appellants, BDTP, LLC (only if represented by counsel) and Shawn Nyahay, shall file their briefs or a motion for extension of time to file appellant's brief within 20 days of the date of this order, or the appeals of BDTP and Nyahay may be dismissed for want of prosecution. See TEX. R. APP. P. 38.8(a).

It is so ORDERED. Judge's signature: / s/ Richard Hightower

[v] Acting individually [ ] Acting for the Court Date: March 30, 2021


Summaries of

BDTP, LLC v. United Structures of Am., Inc.

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
Mar 30, 2021
Appellate case number: 01-20-00464-CV (Tex. App. Mar. 30, 2021)
Case details for

BDTP, LLC v. United Structures of Am., Inc.

Case Details

Full title:BDTP, LLC, Shawn Nyahay, and Wesley T. Fortune v. United Structures of…

Court:COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

Date published: Mar 30, 2021

Citations

Appellate case number: 01-20-00464-CV (Tex. App. Mar. 30, 2021)