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 )

DISMISS; and Opinion Filed November 16, 2015.
Court of Appeals
S In The
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. D/B/A CRESTMONT VILLAGE APARTMENTS, 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 NUNC PRO TUNC 1
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
1
This memorandum opinion nunc pro tunc corrects an error in the original opinion with respect to the style of the appeal.
otherwise communicated with the Court regarding the appeal. Accordingly, we dismiss the
appeal.
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE
150639F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT NUNC PRO TUNC
VILLAGE CRESTMONT HOUSTON On Appeal from the 191st Judicial District
USA, L.L.C. & WEST CRESTMONT Court, Dallas County, Texas
HOUSTON USA, L.L.C. D/B/A Trial Court Cause No. DC-15-04688.
CRESTMONT VILLAGE APARTMENTS, Opinion delivered by Justice Schenck.
Appellants Justices Lang-Miers and Brown
participating.
No. 05-15-00639-CV V.
JOSE J. GAITAN, INDIVIDUALLY AND
D/B/A EC & J REMODELING &
PAINTING, Appellee
In accordance with this Court’s opinion nunc pro tunc 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. & West Crestmont Houston USA, L.L.C. d/b/a Crestmont Village Apartments.
Judgment entered this 16th day of November, 2015.
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