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 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 OPINION1
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Appellant Scott Waller attempts to appeal from a default judgment entered
against South & West Lifestyles, Inc.
1
See Tex. R. App. P. 47.4.
On September 2, 2016, we notified Waller that it appeared we lacked
jurisdiction over this appeal because he was not a party to the trial 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. See 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
2
limited liability companies for lack of jurisdiction when nonlawyer member signed
notice of appeal on behalf of the companies).2
PER CURIAM
PANEL: WALKER, MEIER, and GABRIEL, JJ.
DELIVERED: October 27, 2016
2
The only defendant named in the suit below was South & West Lifestyles,
Inc., and the judgment is against South & West Lifestyles, Inc. only.
3