Garrett Trucking, LLC v. Roscoe Collegiate Independent School District

Opinion filed November 21, 2024
In The
Eleventh Court of Appeals
__________
No. 11-24-00225-CV
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GARRETT TRUCKING, LLC, Appellant
V.
ROSCOE COLLEGIATE INDEPENDENT SCHOOL DISTRICT,
Appellee
On Appeal from the 32nd District Court
Nolan County, Texas
Trial Court Cause No. T-04518
MEMORANDUM OPINION
John Shayne Garrett filed a pro se notice of appeal from the trial court’s final
judgment against Garrett Trucking, LLC (Garrett Trucking). Garrett Trucking,
which Garrett describes as a limited liability company and private member
association, was the only defendant in the proceeding below. In the notice of appeal,
Garrett designated himself, Christine Ann Garrett, and Garrett Trucking as the
appellants in this cause.
Garrett is attempting to represent Garrett Trucking pro se in this appeal and
has since filed a “Motion for Summary Judgment” and a “Motion for Judgment on
the Pleadings.” Appellee has filed a motion to dismiss for want of jurisdiction and
for lack of standing contending that (1) Garrett is not licensed to practice law and
cannot file pleadings on behalf of Garrett Trucking or Christine Ann Garrett, and
(2) neither Garrett nor Christine Ann Garrett have standing to appeal the trial court’s
judgment because neither was a party in the case below.
In an order dated October 24, 2024, we informed Garrett that Rule 7 of the
Texas Rules of Civil Procedure allows a person to proceed pro se only to litigate
rights on his own behalf, not to litigate rights in a representative capacity, and that
only a licensed attorney may appear and represent other parties in the litigation. See
TEX. R. CIV. P. 7; Kunstoplast of Am., Inc. v. Formosa Plastics Corp., USA, 937
S.W.2d 455, 456 (Tex. 1996) (although corporate officer could perform the “specific
ministerial task of depositing cash with a clerk in lieu of a cost bond,” a nonlawyer
may not represent a corporation in court); Normel Tech, LLC v. Planview Delaware,
LLC, No. 03-22-00461-CV, 2022 WL 16646668, at *1 (Tex. App.—Austin Nov. 3,
2022, no pet.) (per curiam order); Kaminetzky v. Newman, No. 01-10-01113-CV,
2011 WL 6938536, at *2 (Tex. App.—Houston [1st Dist.] Dec. 29, 2011, no
pet.) (mem. op.); see also TEX. GOV’T CODE ANN. §§ 81.101–.102 (West 2023) (a
person may not practice law on behalf of another unless that person is a member of
the state bar); id. §§ 83.001–.006; Jimison v. Mann, 957 S.W.2d 860, 861 (Tex.
App.—Amarillo 1997, orig. proceeding) (per curiam).
We ordered Garrett Trucking to obtain counsel and have a licensed attorney
file an amended notice of appeal on its behalf before November 14, 2024, and we
stated that the failure to do so may result in the dismissal of this appeal. See TEX. R.
APP. P. 42.3(b), (c). Following the issuance of our order, Garrett filed his “Motion
for Judgment on the Pleadings” on behalf of Garrett Trucking and the Garretts.
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As of this date, no licensed attorney has filed an amended notice of appeal on
behalf of Garrett Trucking, nor has a licensed attorney responded on behalf of
Garrett Trucking. Because Garrett cannot represent Garrett Trucking in this appeal
and Garrett Trucking has not complied with our directive to obtain and have a
licensed attorney file an amended notice of appeal on its behalf, we dismiss this
appeal for want of prosecution and for failure to comply with our order and
directives. See TEX. R. APP. P. 42.3(b), (c); see also Normel Tech, LLC, 2022 WL
16646668, at *1; Gore v. S. Dall. Fair Park Innercity Cmty. Dev. Corp., No. 05-03-
00627-CV, 2003 WL 21197242, at *1 (Tex. App.—Dallas May 22, 2003, no pet.)
(mem. op.) (per curiam); see also Olive & Vine v. City Ctr., No. 14-18-01042-CV,
2019 WL 758419, at *1 (Tex. App.—Houston [14th Dist.] Feb. 21, 2019, no pet.)
(mem. op.) (per curiam).
We grant Appellee’s motion to dismiss in part and deny Garrett’s “Motion for
Summary Judgment” and his “Motion for Judgment on the Pleadings.” Accordingly,
this appeal is dismissed.
W. STACY TROTTER
JUSTICE
November 21, 2024
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.
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