ACCEPTED
01-15-00375-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
12/30/2015 8:38:03 AM
CHRISTOPHER PRINE
CLERK
No. 01-15-00375-CV
In the First Court of Appeals
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
Houston, Texas 12/30/2015 8:38:03 AM
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.
______________________________________
REPLY IN SUPPORT OF MOTION TO DISMISS
LOST CREEK VENTURES LLC
______________________________________
TO THE HONORABLE FIRST COURT OF APPEALS:
Appellee Alan Pilgrim files this reply in support of his motion asking the Court
to dismiss Lost Creek Ventures LLC d/b/a Happy Bulldog Management from the
appeal.
Pilgrim asked the Court to dismiss Lost Creek from the appeal because a
corporation cannot act pro se through a corporate officer who is not an attorney. Lost
Creek filed a response, arguing that the “Court should deny the Motion because the
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corporation has retained attorney Nicholas R. Dillard to represent it in this appeal.”
Mr. Dillard also filed a “Notice of Designation of Lead Counsel.”
Lost Creek’s appeal should still be dismissed. Mr. Dillard did not file an
Appellant’s Brief on behalf of Lost Creek or seek any additional time to do so. The
brief filed by Stephen Epstein, as a member of Lost Creek and purportedly on behalf
of Lost Creek “pro se”, is a nullity. 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). And the failure of an appellant to
timely file a brief warrants dismissal. TEX. R. APP. P. 38.8.
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.
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Date: December 30, 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 SERVICE
I hereby certify that, on December 30, 2015, a true and correct copy of this reply
was served on the following parties and counsel via e-Service:
Nicholas R. Dillard
10213 Red Fern Court
Conroe, Texas 77385
Nicholas.Dillard@talltexaslaw.com
Attorney for Lost Creek Ventures LLC
d/b/a Happy Bulldog Management
Marilyn Roth Epstein
Stephan Epstein
7519 Stonecliff Drive
Austin, Texas 78731
organiclady4@gmail.com
Pro Se
/s/ Lisa Bowlin Hobbs
Lisa Bowlin Hobbs
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