Autopedia Inc. v. Twonya Madlock

• Court: Court of Appeals of Texas
• Decided: August 8, 2023
• Docket: 05-23-00447-CV
• Status: Published

Opinion

DISMISS and Opinion Filed August 8, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00447-CV

AUTOPEDIA INC., Appellant V. TWONYA MADLOCK, Appellee

On Appeal from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-11969

MEMORANDUM OPINION Before Justices Nowell, Goldstein, and Breedlove Opinion by Justice Nowell This appeal was filed by Homayoon Samii, appellant’s registered agent and

owner. Because the Texas Supreme Court has stated that only a licensed attorney

may represent a corporation in court, and nothing before us reflected Mr. Samii is a

licensed attorney, we notified appellant by letter that the appeal was subject to

dismissal unless it retained counsel within thirty days. See Kunstoplast of Am., Inc.

v. Formosa Plastics Corp., 937 S.W.2d 455, 456 (Tex. 1996) (per curiam). More

than thirty days have passed, and appellant has not complied. Accordingly, we

dismiss the appeal. See TEX. R. APP. P. 42.3(c); Earth Energy Util. Corp. v. Environmentally Engineered Equip., Inc.. 05-10-01610-CV, 2012 WL 4845658

(Tex. App.—Dallas Oct. 10, 2012, no pet.) (dismissing appeal for failure of appellant

corporation to notify court it had retained counsel).

/Erin A. Nowell/ ERIN A. NOWELL JUSTICE

230447F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

AUTOPEDIA INC., Appellant On Appeal from the 192nd Judicial District Court, Dallas County, Texas No. 05-23-00447-CV V. Trial Court Cause No. DC-22-11969. Opinion delivered by Justice Nowell, TWONYA MADLOCK, Appellee Justices Goldstein and Breedlove participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellee Twonya Madlock recover her costs, if any, of this appeal from appellant Autopedia Inc.

Judgment entered August 8, 2023.

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