Opinion
NO. 02-16-00307-CV
10-27-2016
SCOTT WALLER APPELLANT v. CITY OF FORT WORTH, TARRANT COUNTY, FORT WORTH INDEPENDENT SCHOOL DISTRICT, TARRANT COUNTY COLLEGE DISTRICT, TARRANT COUNTY HOSPITAL DISTRICT, AND TARRANT REGIONAL WATER DISTRICT APPELLEES
FROM THE 96TH DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 096-D03252-14 MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Appellant Scott Waller attempts to appeal from a default judgment entered against South & West Lifestyles, Inc.
On September 2, 2016, we notified Waller that it appeared we lacked jurisdiction over this appeal because he was not a party to the trial court's judgment. We explained that a company may not appear in court through its directors or officers who are not attorneys and that a notice of appeal filed by such a director or officer is not effective. See Globe Leasing, Inc. v. Engine Supply & Mach. Servs., 437 S.W.2d 43, 45 (Tex. Civ. App.—Houston [1st Dist.] 1969, no writ); see also Kunstoplast of Am., Inc. v. Formosa Plastics Corp., 937 S.W.2d 455, 456 (Tex. 1996) ("Generally a corporation may be represented only by a licensed attorney . . . ."); Dell Dev. Corp. v. Best Indus. Uniform Supply Co., 743 S.W.2d 302, 303 (Tex. App.—Houston [14th Dist.] 1987, writ denied) ("Corporations may appear and be represented only by a licensed attorney."). We advised Waller that this appeal could be dismissed unless he, or any party desiring to continue the appeal, filed a response showing grounds for continuing the appeal on or before September 12, 2016. See Tex. R. App. P. 42.3(a), 43.2(f). Waller did not file a response, nor did any party.
Because the notice of appeal does not confer jurisdiction on this court, we dismiss this appeal. See Tex. R. App. P. 42.3(a), 43.2(f); S & B Consulting Group, LLC v. Dietzman, No. 02-14-00165-CV, 2014 WL 2922311, at *1 (Tex. App.—Fort Worth June 26, 2014, no pet.) (mem. op.) (dismissing appeal of limited liability companies for lack of jurisdiction when nonlawyer member signed notice of appeal on behalf of the companies).
The only defendant named in the suit below was South & West Lifestyles, Inc., and the judgment is against South & West Lifestyles, Inc. only. --------
PER CURIAM PANEL: WALKER, MEIER, and GABRIEL, JJ. DELIVERED: October 27, 2016