Thomas L. Varkonyi v. the City of El Paso ( 2005 )

Form: Dismiss TRAP 42.2 Appellant's Motion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

THOMAS L. VARKONYI,                             Appellant, v. THE CITY OF EL PASO,                             Appellee.

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No. 08-05-00210-CV Appeal from the 120th District Court of El Paso County, Texas (TC# 2002TX309)

O P I N I O N

           Pending before the Court is Appellee’s motion to dismiss this appeal for want of jurisdiction. Appellant attempts to appeal from a default judgment in a delinquent tax suit rendered on March 21, 2005 against TLV Enterprizes, Inc., T.L. Varkonyi Enterprizes, Inc., and the Internal Revenue Service (as a lienholder). In the underlying suit, Appellant filed an answer and counterclaim on behalf of T.L. Varkonyi Enterprizes, Inc. Appellant’s pleadings were stricken because under Texas law, a corporation must be represented by a licensed attorney and Appellant is a non-attorney. See Globe Leasing, Inc. v. Engine Supply & Machine Service, 437 S.W.2d 43, 45-46 (Tex.Civ.App.--Houston [1st Dist.] 1969, no writ). Appellant was given twenty days to obtain counsel and have counsel file an answer on behalf of the corporation. Appellant failed to do so. Appellee moved for a default judgment. Appellant then filed a plea in intervention in order to appear pro se in the matter. The trial court granted Appellee’s motion to strike Appellant’s plea in intervention. Appellant is not named as a defendant in the final judgment.

           In reviewing the record, we agree with Appellee that Appellant was not a party to the trial court’s judgment. Standing is a component of subject matter jurisdiction--it cannot be conferred by consent, waiver, or estoppel and can be raised for the first time on appeal. See Texas Ass’n of Bus. v. Texas Air Control Bd., 852 S.W.2d 440, 443-46 (Tex. 1993). Standing requires that there be a real controversy between the parties which can actually be determined by the relief sought. See id. at 446. Generally, appeal is available only to parties of record. Motor Vehicle Bd. of the Tex. Dep’t of Transp. v. El Paso Indep. Auto. Dealers Assoc., Inc., 1 S.W.3d 108, 110 (Tex. 1999) (per curiam); see also United Oil & Minerals, Inc. v. Costilla Energy, Inc., 1 S.W.3d 840, 844 (Tex.App.--Corpus Christi 1999, pet. dism’d) (“Once a final judgment has been entered, only parties of record may exercise the right of appeal.”). We have considered this cause on Appellee’s motion and conclude that the motion should be granted. Therefore, we grant Appellee’s motion and dismiss this appeal for want of jurisdiction pursuant to Tex. R. App. P. 42.3(a).

                                                                  RICHARD BARAJAS, Chief Justice

July 28, 2005

Before Barajas, C.J., McClure, and Chew, JJ.