Jackie Menyweather v. Joan Anthony

• Court: Court of Appeals of Texas
• Decided: August 8, 2018
• Docket: 05-18-00297-CV
• Status: Published

Opinion

Order entered August 8, 2018

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00297-CV

JACKIE MENYWEATHER, Appellant

V.

JOAN ANTHONY, Appellee

On Appeal from the County Court at Law No. 2 Kaufman County, Texas Trial Court Cause No. 18C-001-2

ORDER Appellee’s brief is signed by Sharon Gary as power of attorney for appellee. A power of

attorney authorizes an individual to transact business for another; it does not authorize a person

to act as a licensed attorney, representing individuals in proceedings in court. See Harkins v.

Murphy & Bolanz, 112 S.W. 136, 138 (Tex. Civ. App.—Dallas 1908, writ dism’d); BLACK’S

LAW DICTIONARY 1013 (9th ed.). In Texas, an individual may represent another in state court

only if licensed as an attorney in Texas or authorized under rules promulgated by the Texas

Supreme Court. See TEX. GOV’T CODE ANN. § 81.012 (West 2013); Paselk v. Rabun, 293

S.W.3d 600, 606 (Tex. App.—Texarkana 2009, pet. denied) (“layperson does not have right to

represent others”). Gary is neither licensed in Texas nor authorized under court rules.

Accordingly, we STRIKE appellee’s brief. Appellee may file any brief pro se or through

counsel no later than September 17, 2018.

/s/ DAVID EVANS JUSTICE