Robert B McCoy Jr. v. Strategic Dealer Services, L.P.

Order entered July 26, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00517-CV
ROBERT B MCCOY JR. (SELF) AND SOLE MEMBER LLC OF MCCOY MOTORS,
LLC, Appellants
V.
STRATEGIC DEALER SERVICES, L.P., Appellee
On Appeal from the 101st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-18-10735
ORDER
This is a restricted appeal from a no-answer default judgment against McCoy Motors,
LLC d/b/a Ride Fast and Robert B. McCoy Jr. Both McCoy Motors and McCoy, Jr. are non-
residents for jurisdictional purposes.
By pro se motion filed July 24, 2019, appellants seek “to amend the complaint and for
appellants to be heard as a special appearance.” They note that the contract that is the basis of
the underlying suit provides that venue for all state claims arising out of the contract shall lie in
Dallas County. They assert, however, that appellee has filed over forty claims against them in
South Carolina since May 10, 2019 and by doing that, has “invalidated” the venue provision.
Based on appellee’s actions, appellants ask the Court to reverse the trial court’s judgment and
dismiss all litigation between the parties.
We DENY the motion.
We note that by letter dated May 10, 2019 we directed McCoy Motors to file, within
thirty days, a notice of designation of counsel, noting that, in Texas, a corporation may appear
and be represented in court only by a licensed attorney. See Kunstoplast of Am. Inc. v. Formosa
Plastics Corp., 937 S.W.2d 455, 456 (Tex. 1996) (per curiam). We subsequently extended the
deadline to July 9, 2019. Although we cautioned McCoy Motors that failure to comply would
result in its dismissal from the appeal, McCoy Motors has yet to comply. Accordingly, we
DISMISS McCoy Motors from the appeal. McCoy Jr.’s appeal remains unaffected.
/s/ KEN MOLBERG
JUSTICE