Shawn Nyahay and Wesley T. Fortune v. United Structures of America, Inc. Precision Building Systems, Inc., Erwin Weeks Crawford, IV and Ashley Crawford ( 2021 )

Order issued June 15, 2021
In The
Court of Appeals
For The
First District of Texas
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NO. 01-20-00464-CV
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BDTP. LLC, SHAWN NYAHAY, AND WESLEY T. FORTUNE, Appellants
V.
UNITED STRUCTURES OF AMERICA, INC.; PRECISION BUILDING
SYSTEMS, INC., ERWIN WEEKS CRAWFORD, IV AND ASHLEY
CRAWFORD, Appellees
On Appeal from the 125th District Court
Harris County, Texas
Trial Court Case No. 2019-48435
MEMORANDUM ORDER
Because appellants failed to make payment arrangements for the filing of the
reporter’s record, this Court issued an order on January 5, 2021, advising appellants
that the Court would consider and decide those issues that did not require a reporter’s
record for a decision. See TEX. R. APP. P. 37.3(c). Appellants’ briefs were due to
be filed on February 4, 2021.
Appellant, Wesley T. Fortune, filed a pro se brief on February 8, 2021. The
reporter’s record was filed on March 1, 2021. Appellees Precision Building
Systems, Inc., Erwin Weeks Crawford IV, and Ashley Crawford, who are
represented by counsel, filed a brief on March 24, 2021. Appellee United Structures
of America, Inc., also represented by counsel, filed a brief on March 24, 2021. On
April 19, 2021, appellant Shawn Nyahay filed a pro se brief.
Appellant, BDTP, LLC, as well as other appellants, Shawn Nyahay and
Wesley T. Fortune, were represented by counsel until October 2020 when counsel
withdrew. Although Nyahay and Fortune may continue pro se, “[e]xcept for the
performance of ministerial tasks, corporations may appear and be represented only
by a licensed attorney.” MHL Homebuilder LLC v. Dabal/Graphic Resource, No.
14–05–00295–CV, 2005 WL 1404475, at *1 (Tex. App.—Houston [14th Dist.] June
16, 2005, no pet.) (per curiam) (mem. op.) (citing Kunstoplast of Am., Inc. v.
Formosa Plastics Corp., USA, 937 S.W.2d 455, 456 (Tex. 1996)).
Accordingly, on March 30, 2021, this Court issued an order advising appellant
BDTP that it could appear in this Court only if represented by counsel and granting
BDTP additional time to hire counsel. The Court advised BDTP that the appeal
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might be dismissed unless BDTP responded within 20 days, or by April 19, 2021.
No counsel appeared for BDTP.
On April 19, 2021, BDTP filed a motion for extension of time to hire counsel.
Appellee, United Structures, opposed this motion and asked that we deny it and
dismiss the appeal. Because the Court could not consider a motion filed by BDTP
without counsel, we denied the motion, but the Court on its own motion granted
BDTP additional time to hire counsel. The Court stated that the appeal might be
dismissed unless appellant filed a response indicating that counsel had been obtained
by May 12, 2021. No response has been received and no counsel has made an
appearance on BDTP’s behalf.
The appeal of BDTP, Inc. is dismissed. See TEX. R. APP. P. 42.3. The appeal
of appellants Shawn Nyahay and Wesley T. Fortune will continue. Appellee United
Structures filed an amended brief on June 1, 2021. Accordingly, United Structure’s
pending motion for extension of time to file its brief is dismissed as moot. Appellees
Precision Building Systems, Erwin Weeks Crawford IV, and Ashley Crawford have
filed two motions for extension of time to file an amended brief. We grant those
motions and extend the deadline for those appellees to file its amended brief to June
30, 2021.
This interlocutory order will become final when a judgment is issued in this
cause number.
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It is so ORDERED.
PER CURIAM
Panel consists of Justices Goodman, Hightower, and Rivas-Molloy.
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