In Re Practical Technology, Inc. v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00657-CV

In re Practical Technology, Inc.

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

Sam Marshall has filed a pro se submission with this Court purporting to be a

petition for writ of mandamus on behalf of relator Practical Technology, Inc., complaining of the

trial court’s allegedly improper entry of default judgment in favor of the real party in interest

prior to relator’s answer deadline in the underlying suit. In litigation, only a licensed attorney

can appear and represent a corporation. Kennedy v. Kennedy, 222 S.W.3d 97, 98 n.1 (Tex.

App.—Austin 2006, no pet.); Guadalupe Econ. Services Corp. v. Dehoyos, 183 S.W.3d 712, 716

n.4 (Tex. App.—Austin 2005, no pet.). As acknowledged in his petition, Mr. Marhsall is not a

licensed attorney. Accordingly, we dismiss the petition for writ of mandamus without prejudice

to refiling by a licensed attorney.

__________________________________________ Karin Crump, Justice

Before Chief Justice Byrne, Justices Crump and Ellis

Filed: August 28, 2025