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Scott Waller 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
02-16-00307-CV
| Tex. App. | Oct 27, 2016
|
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Case Information

*1 COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-16-00307-CV SCOTT WALLER APPELLANT

V.

CITY OF FORT WORTH, TARRANT APPELLEES COUNTY, FORT WORTH

INDEPENDENT SCHOOL

DISTRICT, TARRANT COUNTY

COLLEGE DISTRICT, TARRANT

COUNTY HOSPITAL DISTRICT,

AND TARRANT REGIONAL WATER

DISTRICT

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FROM THE 96TH DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 096-D03252-14

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MEMORANDUM OPINION ----------

Appellant Scott Waller attempts to appeal from a default judgment entered against South & West Lifestyles, Inc.

*2 On September 2, 2016, we notified Waller that it appeared we lacked jurisdiction over this appeal because he was not a party to the t rial 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. 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 *3 limited liability companies for lack of jurisdiction when nonlawyer member signed notice of appeal on behalf of the companies).

PER CURIAM PANEL: WALKER, MEIER, and GABRIEL, JJ.

DELIVERED: October 27, 2016

[1] Tex. R. App. P. 47.4.

[2] The only defendant named in the suit below was South & West Lifestyles, Inc., and the judgment is against South & West Lifestyles, Inc. only.

Case Details

Case Name: Scott Waller 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
Court Name: Court of Appeals of Texas
Date Published: Oct 27, 2016
Docket Number: 02-16-00307-CV
Court Abbreviation: Tex. App.
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