Opinion
14-22-00532-CV
09-13-2022
JAMES JOHNSON, Appellant v. GREENLEAF HOUSE, LLC, Appellee
On Appeal from County Civil Court at Law No. 3 Harris County, Texas, Trial Court Cause No. 1184038
Panel Consists of Justices Jewell, Bourliot and Zimmerer.
ORDER
PER CURIAM.
This is an attempted appeal from a judgment signed July 5, 2022. Appellant filed a notice of appeal on July 13, 2022. The notice of appeal is defective.
Generally, an individual must appear in person or by attorney, and an unrepresented party must sign any document the party files with the Court. See Tex. R. App. P. 9.1(b); Kunstoplast of Am., Inc. v. Formosa Plastics Corp., 937 S.W.2d 455, 456 (Tex. 1996). Nothing in our record indicates James Johnson is a licensed attorney, and the notice of appeal was not signed by James Johnson.
A timely filed document, even if defective, invokes our jurisdiction. See Sweed v. Nye, 323 S.W.3d 873, 875 (Tex. 2010) (citing Grand Prairie Indep. Sch. Dist. v. S. Parts Imports, Inc., 813 S.W.2d 499, 500 (Tex.1991) ("If the appellant timely files a document in a bona fide attempt to invoke the appellate court's jurisdiction, the court of appeals, on appellant's motion, must allow the appellant an opportunity to amend or refile the instrument required by law or our Rules to perfect the appeal."). An appellant should be given an opportunity to amend a defective perfecting instrument before we dismiss an appeal. See Grand Prairie I.S.D., 813 S.W.2d at 500.
Accordingly, appellant is ordered to file an amended notice of appeal on or before September 23, 2022. The appeal is subject to being dismissed without further notice for lack of jurisdiction if appellant does not comply with this order. See Tex. R. App. P. 42.3.