K&K Enterprises, LLC, Gary Kelley, Cheryl Kelley and Henry Kelley v. Preston Parker Crossing, Ltd. ( 2022 )

Order entered November 7, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00909-CV
K&K ENTERPRISES, LLC, GARY KELLEY, CHERYL KELLEY AND
HENRY KELLEY, Appellants
V.
PRESTON PARKER CROSSING, LTD., Appellee
On Appeal from the County Court at Law No. 3
Collin County, Texas
Trial Court Cause No. 003-01239-2021
ORDER
Before the Court is John Thomas Haughton’s motion to withdraw as
appellants’ counsel. In relevant part, Mr. Haughton recites in the motion that the
secretary of state has “involuntarily terminated” K & K Enterprises, LLC “for lack
of a registered agent and after notice,” and that Gary Kelley, Cheryl Kelley, and
Henry Kelley are believed to be “temporarily” residing in Costa Rica. Mr.
Haughton further recites that he emailed a copy of the motion to Gary Kelley, as
appellant, power of attorney for Henry Kelley, and member of K & K Enterprises;
and Cheryl Kelley, as appellant and member of K & K Enterprises, LLC. The
motion has been on file for more than ten days, and no response has been filed.
We GRANT the motion and DIRECT the Clerk of the Court to remove Mr.
Haughton as appellants’ counsel. All further communications with appellants shall
be directed as follows
Gary Kelley
On behalf of himself, Henry Kelley, and K & K Enterprises
1500 Pecan Point Dr.
McKinney, Texas 75070
garydkelley1@aol.com
(214) 683-3911
Cheryl Kelley
On behalf of herself and K & K Enterprises
1500 Pecan Point Dr.
McKinney, Texas 75070
cheryljkelley@aol.com
(214) 578-6333.
Because a business entity may generally be represented only by a licensed
attorney, we ORDER K & K Enterprises to notify the Court, no later than
December 7, 2022, of the name, State Bar number, mailing and email addresses,
and telephone and fax numbers of new counsel. See Kunstoplast of Am., Inc. v.
Formosa Plastics Corp., USA, 937 S.W.2d 455, 456 (Tex. 1996) (per curiam).
Failure to do so may result in the dismissal of K & K Enterprises’s appeal.
As noted in the motion to withdraw, the deadline for filing the clerk’s record
has been suspended pending appellants’ payment of the record fee. In light of
counsel’s withdrawal, we EXTEND the deadline previously set for appellants to
file written verification of payment for the fee to December 19, 2022. We caution
appellants that the appeal will be dismissed in its entirety without further notice
should the requested verification not be filed by December 19. See TEX. R. APP. P.
37.3(b).
We DIRECT the Clerk of the Court to send copies of all written
communications with appellants, including this order, by both regular and
electronic mail.
/s/ BONNIE LEE GOLDSTEIN
JUSTICE