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Garrett Trucking, LLC v. Roscoe Collegiate Indep. Sch. Dist.

Court of Appeals of Texas, Eleventh District
Oct 24, 2024
No. 11-24-00225-CV (Tex. App. Oct. 24, 2024)

Opinion

11-24-00225-CV

10-24-2024

GARRETT TRUCKING, LLC, Appellant v. ROSCOE COLLEGIATE INDEPENDENT SCHOOL DISTRICT, Appellee


On Appeal from the 32nd District Court Nolan County, Texas Trial Court Cause No. T-04518

Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

ORDER

PER CURIAM

John Shayne Garrett has filed a pro se notice of appeal from the trial court's final judgment against Garrett Trucking, LLC (Garrett Trucking), which he describes as a limited liability company and private member association. Garrett further designated himself and Christine Ann Garrett as appellants in addition to Garrett Trucking. After an initial review of the record, it appears that Garrett Trucking was the only defendant in the proceeding below. Garrett is also attempting to represent Garrett Trucking pro se. However, Rule 7 of the Texas Rules of Civil Procedure allows a person to proceed pro se only to litigate rights on his own behalf, not to litigate rights in a representative capacity. Tex.R.Civ.P. 7; see, e.g., Normel Tech, LLC v. Planview Delaware, LLC, No. 03-22-00461-CV, 2022 WL 16646668, at *1 (Tex. App.-Austin Nov. 3, 2022, no pet.) (per curiam order); Kaminetzky v. Newman, No. 01-10-01113-CV, 2011 WL 6938536, at *2 (Tex. App.-Houston [1st Dist.] Dec. 29, 2011, no pet.) (mem. op.) (concluding appellant could not represent pro se two corporate defendants as assignee of corporations); see also Kunstoplast of Am., Inc. v. Formosa Plastics Corp., USA, 937 S.W.2d 455, 456 (Tex. 1996) (although corporate officer could perform "specific ministerial task of depositing cash with a clerk in lieu of a cost bond," nonlawyer may not represent corporation in court).

Under Texas law, only a licensed attorney may appear and represent other parties. See Tex. Gov't Code Ann. §§ 81.101-102 (West 2023) (prohibiting practice of law in Texas unless person is member of state bar); id. §§ 83.001-.006 (prohibiting unlicensed persons from practicing law without a license); see also Jimison v. Mann, 957 S.W.2d 860, 861 (Tex. App.-Amarillo 1997, orig. proceeding) (per curiam) (striking documents filed by layperson having no authority to file them on behalf of another). Therefore, because Garrett cannot represent Garrett Trucking, Garrett Trucking must obtain counsel and have an attorney file an amended notice of appeal on its behalf on or before November 14, 2024. The failure to do so may result in a dismissal of this appeal. See Tex. R. App. P. 42.3(b), (c); see also, e.g., Gore v. S. Dall. Fair Park Innercity Cmty. Dev. Corp., No. 05-03-00627-CV, 2003 WL 21197242, at *1 (Tex. App.-Dallas May 22, 2003, no pet.) (mem. op.) (per curiam) (dismissing for want of prosecution and for failure to comply with court's directive after appellate court directed appellant to obtain counsel and appellant failed to do so); see also Olive & Vine v. City Ctr., No. 14-18-01042-CV, 2019 WL 758419, at *1 (Tex. App.-Houston [14th Dist.] Feb. 21, 2019, no pet.) (mem. op.) (per curiam) (following same procedure). It is so ordered.


Summaries of

Garrett Trucking, LLC v. Roscoe Collegiate Indep. Sch. Dist.

Court of Appeals of Texas, Eleventh District
Oct 24, 2024
No. 11-24-00225-CV (Tex. App. Oct. 24, 2024)
Case details for

Garrett Trucking, LLC v. Roscoe Collegiate Indep. Sch. Dist.

Case Details

Full title:GARRETT TRUCKING, LLC, Appellant v. ROSCOE COLLEGIATE INDEPENDENT SCHOOL…

Court:Court of Appeals of Texas, Eleventh District

Date published: Oct 24, 2024

Citations

No. 11-24-00225-CV (Tex. App. Oct. 24, 2024)