Opinion
No. 08-15-00144-CV
08-16-2016
STEPHEN AARON BERGENHOLTZ, Appellant, v. JOSEPHINE DONNA ESKENAZI, Appellee.
Appeal from the 380th District Court of Collin County, Texas (TC#380-51444-2008) ORDER
Appellant, Stephen A. Bergenholtz, has filed a written request for the Court to reconsider its decision to receive, but not file, documents submitted by Bergenholtz on his own behalf. Bergenholtz's appellate attorney, Frank Carroll, filed an appellant's brief and reply brief, and the case has been submitted to the Court for a decision on the merits. After the Court denied Carroll's motion for leave to file several documents, Bergenholtz submitted the following through the e-filing portal: (1) amended docketing statement; (2) verified motion requesting the Court to take judicial notice; (3) verified motion for jurisdiction determination and motion to abate proceedings; (4) motion to declare judgment void; and (5) "Appellant's Filing in Accordance with Texas Rules of Appellate Procedure." The Court refused to file or act upon the documents because they are not signed by appellate counsel.
Our letter notice informing Bergenholtz of the decision erroneously cited TEX.R.APP.P. 7. The notice should have cited Rule 7 of the Texas Rules of Civil Procedure which states: "Any party to a suit may appear and prosecute or defend his rights therein, either in person or by an attorney of the court." TEX.R.CIV.P. 7 (emphasis added). In other words, a party in a civil case is entitled to represent himself or to be represented by an attorney, but he is not entitled to be represented partly by counsel and partly pro se. Davis v. Office of the Attorney General of Texas, No. 05-15-00525-CV, 2016 WL 3854085, at *2 (Tex. App.--Dallas July 13, 2016, no pet. h.) (mem. op.); In re T.L.B., No. 05-13-01671-CV, 2015 WL 1850995, at *2 (Tex. App.--Dallas Apr. 23, 2015, no pet.) (mem. op.); In re Sondley, 990 S.W.2d 361, 362 (Tex. App.--Amarillo 1999, orig. proceeding); Posner v. Dallas County Child Welfare Unit of Texas Department of Human Services, 784 S.W.2d 585, 588 (Tex. App.--Eastland 1990, writ denied)(holding that a party does not have a right to hybrid representation in civil cases). Bergenholtz's request to reconsider our refusal to file and act upon his documents is DENIED.
IT IS SO ORDERED THIS 16TH DAY OF AUGUST, 2016.
PER CURIAM Before McClure, C.J., Rodriguez, and Hughes, JJ.