ACCEPTED
01-15-00375-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
12/15/2015 3:08:13 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00375-CV
In the First Court of Appeals
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
Houston, Texas 12/15/2015 3:08:13 PM
CHRISTOPHER A. PRINE
Clerk
______________________________________
LOST CREEK VENTURES LLC D/B/A HAPPY BULLDOG
MANAGEMENT, STEPHAN EPSTEIN AND MARILYN ROTH EPSTEIN,
Appellants,
v.
ALAN PILGRIM,
Appellee.
______________________________________
APPELLEE’S MOTION TO DISMISS
LOST CREEK VENTURES LLC
______________________________________
TO THE HONORABLE FIRST COURT OF APPEALS:
Appellee Alan Pilgrim files this motion to ask the Court to dismiss Lost Creek
Ventures LLC d/b/a Happy Bulldog Management from the appeal. The Court should
dismiss Lost Creek from the appeal because:
(1) Lost Creek is a corporate entity not represented by an attorney.
(2) Stephen Epstein, as a Member of Lost Creek, purports to represent the
entity “pro se.” Mr. Epstein is not an attorney.
(3) A corporation cannot act pro se through a corporate officer who is not an
attorney.
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BACKGROUND
Appellee Alan Pilgrim filed suit against Appellees in Travis County Court at Law
No. 2 for breach of contract and was awarded damages in a judgment entered on
November 10, 2014. Appellants, represented by counsel Tracy J. Willi in the trial court,
appealed the judgment on April 2, 2015. Willi withdrew as Appellants’ counsel in
September 2015 because Appellants were unable to pay their attorney for outstanding
fees incurred.
Appellants filed their brief on November 30, 2015. The Epsteins are proceeding
pro se. Stephen Epstein, as a Member of Lost Creek, purports to represent the Lost
Creek “pro se.” Mr. Epstein does not include reference to his bar number and a search
of the State Bar of Texas membership roster does not reveal anyone licensed in Texas
with the name Stephen Epstein.
ARGUMENT AND AUTHORITIES
A corporation cannot act pro se through a corporate officer who is not an
attorney. Chavez v. Pugh, No. 03-15-00395-CV, 2015 WL 5781113, at *1 n.1 (Tex.
App.—Austin Oct. 2, 2015, no pet.) (mem. op.) (noting corporation’s president could
not represent corporation pro se); Rose Air, LLC v. Brazoria County Appraisal Dist., No.
01-13-01085-CV, 2014 WL 2538630, at *1 (Tex. App.—Houston [1st Dist.] June 5,
2014, no pet.) (mem. op.) (dismissing limited liability company’s appeal because it was
not represented by counsel); MHL Homebuilder LLC v. Dabal/Graphic Resource, No. 14-
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05-00295-CV, 2005 WL 1404475, at *1 (Tex. App.—Houston [14th Dist.] June 16,
2005, no pet.) (mem. op.) (same).
Because Lost Creek Ventures, LLC is not represented by counsel, the Court
should dismiss the entity from this appeal.
CONCLUSION
For these reasons, Appellee Alan Pilgrim asks the Court to dismiss Lost Creek
Ventures LLC d/b/a Happy Bulldog Management from this appeal. Appellee requests
all other relief to which he has shown himself justly entitled to receive.
Date: December 15, 2015 Respectfully submitted,
/s/ Lisa Bowlin Hobbs
Lisa Bowlin Hobbs
State Bar No. 24026905
Kurt Kuhn
State Bar No. 24002433
KUHN HOBBS PLLC
3307 Northland Drive, Suite 310
Austin, Texas 78731
(512) 476-6003
(512) 476-6002 (fax)
Lisa@KuhnHobbs.com
Attorneys for Appellee, Alan Pilgrim
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CERTIFICATE OF CONFERENCE
Pursuant to Texas Rule of Appellate Procedure 10.1, I hereby certify that, on
December 15, 2015, I conferred with Appellant Marilyn Roth Epstein, Pro Se, regarding
this motion. Ms. Epstein indicated that she opposes the relief requested.
/s/ Lisa Bowlin Hobbs
Lisa Bowlin Hobbs
CERTIFICATE OF SERVICE
I hereby certify that, on December 15, 2015, a true and correct copy of this notice
was served on the following parties and counsel via e-Service:
Lost Creek Ventures LLC d/b/a Happy Bulldog Management
Marilyn Roth Epstein
Stephan Epstein
7519 Stonecliff Drive
Austin, Texas 78731
organiclady4@gmail.com
/s/ Lisa Bowlin Hobbs
Lisa Bowlin Hobbs
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