Jennifer Simpson Black v. Cheryl Dietzman D/B/A DS Bader & Associates ( 2014 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-14-00165-CV
S&B CONSULTING GROUP, LLC, APPELLANTS
SIMPSONBLACK CONSULTING
GROUP, LLC, AND JENNIFER
SIMPSON BLACK
V.
CHERYL DIETZMAN D/B/A DS APPELLEE
BADER AND ASSOCIATES
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FROM COUNTY COURT NO. 2 OF DENTON COUNTY
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MEMORANDUM OPINION1
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After the trial court granted summary judgment in favor of appellee Cheryl
Dietzman d/b/a DS Bader & Associates, appellant Jennifer Simpson Black filed a
pro se notice of appeal with regard to herself, S&B Consulting Group, LLC, and
SimpsonBlack Consulting Group, LLC.
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See Tex. R. App. P. 47.4.
On May 28, 2014, we notified Black of our concern that we lacked
jurisdiction over the appeals of S&B Consulting Group, LLC and SimpsonBlack
Consulting Group, LLC because a corporation may not appear in court through
its officers who are not attorneys, and a notice of appeal filed by such an 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) (stating that generally, a corporation may be represented only by a
licensed attorney, and an individual must appear in person or by an attorney).
We informed Black that the appeals of S&B Consulting Group, LLC and
SimpsonBlack Consulting Group, LLC would be dismissed for want of jurisdiction
unless she or any party desiring to continue the appeals filed with the court a
response showing grounds for continuing the appeals. Because Black’s
response does not show grounds for continuing the appeals of S&B Consulting
Group, LLC and SimpsonBlack Consulting Group, LLC, we dismiss these
appeals, see Tex. R. App. P. 42.3(a), 43.2(f), and restyle the remaining appeal
as Jennifer Simpson Black v. Cheryl Dietzman d/b/a DS Bader & Associates.
PER CURIAM
PANEL: MCCOY, MEIER, and GABRIEL, JJ.
DELIVERED: June 26, 2014
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