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PBAC 507 Holdings, LLC v. Broadview Props.

Court of Appeals of Texas, Third District, Austin
Feb 2, 2024
No. 03-23-00411-CV (Tex. App. Feb. 2, 2024)

Opinion

03-23-00411-CV

02-02-2024

PBAC 507 Holdings, LLC, Appellant v. Broadview Properties, LLC, Appellee


FROM THE 200TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-21-006524, THE HONORABLE JAN SOIFER, JUDGE PRESIDING

Before Justices Baker, Triana, and Kelly

ORDER

PER CURIAM

Appellant's brief on appeal was originally due on October 23, 2023. On counsel's motions, the time for filing was extended to January 22, 2024. Appellant's counsel filed a motion to withdraw on January 9, 2024, in which he notified appellant in writing of both the January 22, 2024 brief deadline and appellant's right to object to the motion. To date, appellant has not filed an objection with the Court. However, the Clerk notified appellant's counsel on January 22, 2024, that the Court required a corrected motion to withdraw containing contact information for the registered agent of appellant because no counsel was being substituted for current counsel. To date, no corrected motion to withdraw has been received. No action will be taken on the motion to withdraw in the absence of contact information for a registered agent of the appellant corporation. Generally, a corporation or other corporate entity may only be represented by a licensed attorney. See Kunstoplast of Am. Inc. v. Formosa Plastics Corp., USA, 937 S.W.2d 455, 456 (Tex. 1996) (per curiam).

Also on January 22, 2024, the Court received but did not file a motion for extension of time by an attorney who has not appeared in the case, pursuant to Texas Rule of Appellant Procedure 6.2. The Court notified the new attorney that appellant's lead counsel must also sign the motion if the new attorney was now being designated lead counsel. See Tex. R. App. P. 6.1(a), (c). To date, no corrected motion for extension of time has been received.

Appellant did not file either a brief or a rules-compliant motion for extension of time by the January 22, 2024 deadline, and the brief is now overdue. Any brief filed after the January 22, 2024 deadline must be preceded or accompanied by a motion for extension of time. Pursuant to Texas Rule of Appellate Procedure 38.8(a)(1), the Court may dismiss the appeal for want of prosecution unless appellant reasonably explains the failure to timely file a brief and appellee is not significantly injured by that failure. If this Court does not receive a brief and a motion for extension of time filed by a licensed attorney on or before Thursday, February 22, 2024, the appeal will be subject to dismissal for want of prosecution. See Tex. R. App. P. 42.3 (allowing appellate court to dismiss appeal for want of prosecution on its own initiative after giving ten days' notice to all parties).

No further extension of time will be granted, even if future changes of counsel occur, and failure to comply with this order for a licensed attorney to file the brief and motion for extension of time on or before Thursday, February 22, 2024, may result in dismissal of this appeal. See Tex. R. App. P. 38.8(a)(1).

It is ordered.


Summaries of

PBAC 507 Holdings, LLC v. Broadview Props.

Court of Appeals of Texas, Third District, Austin
Feb 2, 2024
No. 03-23-00411-CV (Tex. App. Feb. 2, 2024)
Case details for

PBAC 507 Holdings, LLC v. Broadview Props.

Case Details

Full title:PBAC 507 Holdings, LLC, Appellant v. Broadview Properties, LLC, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Feb 2, 2024

Citations

No. 03-23-00411-CV (Tex. App. Feb. 2, 2024)