Opinion
No. 08-20-00052-CV
06-30-2020
Mutombo Kankonde and East-Side Oncology Clinic, PLLC, Appellants, v. Nagender Mankan, Appellee.
Appeal from the 205 District Court of El Paso County, Texas (TC# 2019-DCV-2833) ORDER
On June 24, 2020, Peggy Kankonde, a non-attorney acting pro se, filed an Appellant's Brief purportedly on behalf of Mutombo Kankonde (deceased) and East-Side Oncology Clinic, P.L.L.C. However, a pro se litigant who is not an attorney cannot file pleadings on behalf of an estate or a corporation; only an attorney may do that. See In re Estate of Maupin, No. 13-17-00555-CV, 2019 WL 3331463, at *2 (Tex.App.--Corpus Christi July 25, 2019, pet. denied)(mem. op.)(citing cases holding that non-lawyer cannot appear pro se on behalf of an estate as independent executor and that an attorney must represent the interests of the estate); Moore v. Elektro-Mobil Technik GmbH, 874 S.W.2d 324, 327 (Tex.App.--El Paso 1994, writ denied)(corporation must be represented in Texas courts by an attorney on appeal).
Because the brief was filed by a pro se litigant who is apparently not authorized to practice law in the State of Texas, we determine that the Appellant's Brief is of no legal effect, and that since no legally valid Appellant's Brief was filed by an attorney in this matter by the deadline set by this Court, it appears that this appeal should be dismissed for want of prosecution.
We therefore give Appellants, the Estate of Mutombo Kankonde and East-Side Oncology Clinic, P.L.L.C., 10 days to show cause why this case should not be dismissed for want of prosecution. Failure to show good cause for continuing this appeal and/or explain why the brief filed by non-attorney Peggy Kankonde is legally effective will result in this case being submitted to the Court for dismissal without further notice.
IT IS SO ORDERED this 30 day of June, 2020.
PER CURIAM Before Alley, C.J., Rodriguez and Palafox, JJ.