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 ( 2015 )


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  • DISMISS; and Opinion Filed November 10, 2015.
    S   In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-15-00639-CV
    VILLAGE CRESTMONT HOUSTON USA, L.L.C. AND WEST CRESTMONT
    HOUSTON USA, L.L.C., 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-15-04688
    MEMORANDUM OPINION
    Before Justices Lang-Miers, Brown, and Schenck
    Opinion by Justice Schenck
    By order of September 23, 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.
    /David J. Schenck/
    DAVID J. SCHENCK
    JUSTICE
    150639F.P05
    –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., Appellants                     Trial Court Cause No. DC-14-08108.
    Opinion delivered by Justice Schenck.
    No. 05-15-00639-CV         V.                       Justices Lang-Miers and Brown
    participating.
    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 appellee Jose J. Gaitan, Individually and d/b/a EC & J Remodeling &
    Painting recover his costs, if any, of this appeal from appellant Village Crestmont Houston USA,
    L.L.C. and West Crestmont Houston USA, L.L.C.
    Judgment entered this 10th day of November, 2015.
    –3–
    

Document Info

Docket Number: 05-15-00639-CV

Filed Date: 11/10/2015

Precedential Status: Precedential

Modified Date: 9/30/2016