Amron Properties, LLC, a Texas Corporation, and Javied "Jeff" Akhtar v. McGown Oil Company

• Court: Court of Appeals of Texas
• Decided: March 11, 2004
• Docket: 14-03-01432-CV
• Status: Published

Opinion

Dismissed and Opinion filed March 11, 2004

Dismissed and Opinion filed March 11, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-01432-CV

AMRON PROPERTIES, LLC, a Texas corporation,

and JAVIED AJEFF@ AKHTAR, Appellants

V.

McGOWN OIL COMPANY, Appellee

On Appeal from the 253rd District Court

Chambers County, Texas

Trial Court Cause No. 19904

M E M O R A N D U M  O P I N I O N

This is an appeal from a judgment signed September 5, 2003.  The notice of appeal was filed December 4, 2003.  To date, the filing fee of $125.00 has not been paid.  No proper affidavit of indigence was filed with or before the notice of appeal.  See Tex. R. App. P. 20.1.  Therefore, on February 12, 2004, the Court issued an order stating that unless appellants paid the appellate filing fee of $125.00 within fifteen days of the date of the order, the appeal would be dismissed. 

In addition, the information on file with this court does not list an attorney of record for appellant, Amron Properties, LLC, a Texas corporation.  While a non-lawyer corporate officer may perform a ministerial task necessary to perfect an appeal, see Kunstoplast of America, Inc. v. Formosa Plastics Corp., USA, 937 S.W.2d 455, 456 (Tex. 1996), a corporation may be represented only by a licensed attorney in the prosecution of its appeal.  See Moore v. Elektro‑Mobil Technik GmbH, 874 S.W.2d 324, 327 (Tex. App.CEl Paso 1994, writ denied).  In our February 12, 2004 order, the court ordered that unless an attorney representing Amron Properties, LLC filed a notice of representation in this appeal within fifteen days, the appeal as to Amron Properties LLC would be dismissed.

The filing fee has not been paid, and appellants have not responded to the Court=s order of February 12, 2004.  No attorney has filed a notice of representation for Amron Properties, LLC in this appeal.

Accordingly, the appeal is ordered dismissed.  See Tex. R. App. P. 42.3(c). 

PER CURIAM

Judgment rendered and Opinion filed March 11, 2004.

Panel consists of Chief Justice Hedges and Justices Frost and Guzman.