Elyon Light Ministry v. Devon Energy Production Company, LP ( 2009 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-08-421-CV
ELYON LIGHT MINISTRY APPELLANT
V.
DEVON ENERGY PRODUCTION APPELLEE
COMPANY, LP
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FROM PROBATE COURT NO. 2 OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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Appellant Elyon Light Ministry seeks to appeal a judgment from Probate
Court No. 2, Tarrant County, Texas. We dismiss for want of jurisdiction.
Rule 25.1(b) of the Texas Rules of Appellate Procedure requires that a
party file a notice of appeal to invoke this court’s jurisdiction.2 Rule 7 of the
1
… See Tex. R. App. P. 47.4.
2
… See Tex. R. App. P. 25.1(b).
Texas Rules of Civil Procedure provides that “[a]ny party to a suit may appear
and prosecute or defend his rights therein, either in person or by an attorney of
the court.” 3 And Rule 28 of the Texas Rules of Civil Procedure authorizes an
unincorporated association, such as Elyon Light Ministry, to sue and be sued in
its own name. 4 However, persons “not licensed to practice law [in the State
of Texas] may not represent or defend the rights of [others].” 5
On October 29, 2008, Terry Self 6 filed a “Petition for Appeal and to Set
Aside Final Judgment” with the probate court. This court treated this pleading
as a notice of appeal. On December 15, 2008, this court sent notice to Self
informing him that persons not licensed to practice law may not represent
others and that Elyon Light Ministry had until December 29, 2008, to file an
amended notice of appeal that complies with Texas law.
3
… Tex. R. Civ. P. 7.
4
… See Tex. R. Civ. P. 28.
5
… Shafer v. Frost Nat’l Bank, No. 14-06-00673-CV, 2008 WL 2130418,
at *3 (Tex. App.—Houston [14th Dist.] May 22, 2008, no pet.) (mem. op.)
(citing In re Moody, 105 B.R. 368, 370 (S.D. Tex. 1989)); see also Jimison v.
Mann, 957 S.W.2d 860, 861 (Tex. App.—Amarillo 1997, no writ).
6
… Terry Self is also known as “Terry M. Self Ambassador.” We shall
refer to Terry Self as “Self.” Self is not a licensed attorney in the State of
Texas.
2
On December 22, Self filed an amended notice of appeal in which Self
claimed that Elyon Light Ministry and Self were “one in the same.” Self offered
no proof of this assertion.7 In the absence of such proof, Self cannot represent
Elyon Light Ministry, and the amended notice of appeal is, therefore, insufficient
to invoke this court’s jurisdiction.8
Because Elyon Light Ministry failed to timely file a proper notice of appeal,
we do not have jurisdiction. Accordingly, we dismiss this appeal for want of
jurisdiction.
PER CURIAM
PANEL: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.
DELIVERED: January 29, 2009
7
… Self did file an “affidavit brief in support of appeal” in which this
assertion was made, but that pleading was neither sworn nor verified.
8
… See Global Leasing, Inc. v. Engine Supply & Mach. Serv., 437 S.W.2d
43, 45 (Tex. Civ. App.—Houston [1st Dist.] 1969, no writ) (stating that notice
of appeal filed by president of corporation who is not licensed attorney “would
[be] ineffective”).
3