Village Crestmont Houston USA, L.L.C. and West Crestmont Houston USA, L.L.C. v. Jose J. Gaitan, Individually and D/B/A EC & J Remodeling & Painting

Dismissed and Opinion Filed November 12, 2015 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00456-CV VILLAGE CRESTMONT HOUSTON USA, L.L.C. AND WEST CRESTMONT HOUSTON USA, L.L.C. D/B/A CRESTMONT VILLAGE APARTMENTS, Appellants V. JOSE J. GAITAN, INDIVIDUALLY AND D/B/A EC & J REMODELING & PAINTING, Appellee On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-14-08108 MEMORANDUM OPINION Before Justices Lang, Evans, and Whitehill Opinion by Justice Whitehill By order of September 24, 2015, we granted appellants’ counsel’s motion to withdraw. Because a corporation may only appear through an attorney, we directed appellants in that same order to file a notice designating new counsel within thirty days. See Kunstoplast of Am., Inc. v. Formosa Plastics Corp., 937 S.W.2d 455, 456 (Tex. 1996) (per curiam). We cautioned appellants that failure to timely obtain new counsel would result in dismissal of the appeal without further notice. To date, however, appellants have not designated new counsel or otherwise communicated with the Court regarding the appeal. Accordingly, we dismiss the appeal. 150456F.P05 /Bill Whitehill/ BILL WHITEHILL JUSTICE –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT VILLAGE CRESTMONT HOUSTON On Appeal from the 191st Judicial District USA, L.L.C. AND WEST CRESTMONT Court, Dallas County, Texas HOUSTON USA, L.L.C. D/B/A Trial Court Cause No. DC-14-08108. CRESTMONT VILLAGE APARTMENTS, Opinion delivered by Justice Whitehill. Appellants Justices Lang and Evans participating. No. 05-15-00456-CV V. JOSE J. GAITAN, INDIVIDUALLY AND D/B/A EC & J REMODELING & PAINTING, Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellee Jose J. Gaitan, Individually and d/b/a EC & J Remodeling & Painting recover his costs, if any, of this appeal from appellants Village Crestmont Houston, USA, L.L.C. and West Crestmont Houston USA, L.L.C. d/b/a Crestmont Village Apartments. Judgment entered November 12, 2015. –3–