Order entered May 8, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01126-CV
BRIGETTA D’OLIVIO, Appellant
V.
ERHARD HERMUS, Appellee
On Appeal from the 68th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-16-14449
ORDER
We REINSTATE this appeal.
By order dated April 15, 2019, the Court ordered the trial court to conduct a hearing and
make written findings as to the accuracy of the clerk’s record. The trial court signed written
findings and filed them with the Court on May 2, 2019.
With respect to specific documents, the trial court found: (1) the Order on Motion to
Withdraw was signed on August 22, 2017 and is properly included in the clerk’s record; (2) the
Protective Order was never signed and an unsigned copy is included in the clerk’s record; (3)
Notice of Intent to Strike Answer signed on September 18, 2017 is included in the clerk’s record;
(4) Notice of Intent to Dismiss dated March 30, 2018 is included in the clerk’s record; and (5) no
document entitled “Plaintiff’s Proposed Order Discovery” is in the clerk’s file. With regard to
various email communications with court staff, the trial court found that such communications
are not to be included in the clerk’s record. The trial court also found that no document has been
lost or destroyed that should have been included in the clerk’s record.
We ADOPT the trial court’s findings.
On May 2, 2019, pro se appellant Brigetta D’Olivio filed a motion to respond to the trial
court’s findings. We DENY the motion.
We note appellant Brigetta Homes, LLC d/b/a Beautiful Homes by Brigetta has been
unrepresented since January 15, 2019. Although we have given Brigetta Homes over three
months to retain counsel and cautioned that failure to notify the Court of new counsel’s name
and contact information could result in dismissal of Brigetta Homes as an appellant to this
appeal, Brigetta Homes has not complied. See TEX. R. CIV. P. 7; Kunstoplast of Am., Inc. v.
Formosa Plastics Corp., 937 S.W.2d 455, 456 (Tex. 1996) (per curiam) (a corporation may appear in
court and be represented only by a licensed attorney). Accordingly, we dismiss Brigetta Homes as
a party to the appeal.
Appellant shall file her brief on the merits no later than June 6, 2019.
/s/ BILL WHITEHILL
JUSTICE