Fuel 2 Go, LLC v. Mesa Fortune, Inc., D/B/A Mesa Food Mart

• Court: Court of Appeals of Texas
• Decided: December 30, 2021
• Docket: 01-21-00546-CV
• Status: Published

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Fuel 2 Go, LLC and D & R USA Enterprise, Inc. v. Mesa Fortune, Inc., d/b/a Mesa Food Mart

Appellate case number: 01-21-00546-CV

Trial court case number: 2021-51843

Trial court: 270th District Court of Harris County

Counsel for D & R USA Enterprise, Inc. has filed two motions: a motion for extension of time to file appellant’s brief and a motion to withdraw. This is an accelerated appeal from the trial court’s order granting a temporary injunction. Appellants, Fuel 2 Go and D & R USA, have requested and received an extension of time to file appellants’ briefs until December 22, 2021. Appellant, Fuel 2 Go, filed its brief on December 22, 2021. Counsel for D & R USA asks that we grant an extension of 90 days to permit D & R USA to obtain counsel. Appellee has filed a response, observing that this Court granted the prior extension with the proviso that no further extensions would be granted unless there was a showing of exceptional circumstances. The Court finds the withdrawal of counsel to be an extraordinary circumstance, justifying an additional extension of time. Appellee has also filed a motion to dismiss the appeal for want of prosecution. The Court denies this motion. Because this is an accelerated appeal, the Court will grant D & R’s motion and grant an extension of time for appellant, D & R USA, to file its appellant’s brief until February 10, 2022. No further extensions will be granted absent a showing of extraordinary circumstances. Counsel also has filed a motion to withdraw, asserting that appellant, D & R USA, has discharged him and does not oppose this withdrawal. Having already considered and granted the motion for extension, we grant the motion to withdraw. This leaves D & R USA without representation. A corporation cannot appear in the appellate court for itself and must be represented by counsel. See, e.g., Simmons, Jannace & Stagg, L.L.P. v. Buzbee Law Firm, 32 S.W.3d 833, 833 (Tex. App.—Houston [14th Dist.] 2010, no pet. ) (mem. op.). Accordingly, appellant D & R USA must advise the Court immediately when it has retained new counsel. It is so ORDERED. Judge’s signature: ____/s/ Richard Hightower_______  Acting individually  Acting for the Court

Date: __December 30, 2021______