K and D Schroeder LLC v. Kenneth Green

• Court: Court of Appeals of Texas
• Decided: July 3, 2025
• Docket: 01-25-00035-CV
• Status: Published

Opinion

Opinion issued July 3, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00035-CV ——————————— K AND D SCHROEDER LLC, Appellant V. KENNETH GREEN, Appellee

On Appeal from the County Civil Court at Law No. 2 Harris County, Texas Trial Court Case No. 1233945

MEMORANDUM OPINION

Don Scott filed a notice of appeal on behalf of K & D Schroeder LLC, of

which Scott is Managing Member. After review of the Court’s records, we advised

Scott and K & D Schroeder LLC that it appears no attorney has made an appearance

on behalf of the corporation. Because a corporation may only participate in a appeal if represented by counsel, the Court issued an order notifying appellant that the

appeal might be dismissed unless K & D Schroeder LLC retained counsel and

counsel made an appearance by May 15, 2025. See Kunstoplast of Am., Inc. v.

Formosa Plastics Corp., 937 S.W.2d 455, 456 (Tex. 1997) (holding that, although a

corporate representative may file notice of appeal, corporation generally may be

represented only by licensed attorney); Digital Press Inc. v. Am. City Bus. Journal,

No. 01-01-00585-CV, 2001 WL 1587635, at *1 (Tex. App.—Houston [1st Dist.]

Dec. 13, 2001, no pet.) (mem. op.) (dismissing appeal because no attorney filed

notice of appearance as ordered). The Court received no response or appearance by

counsel.

Accordingly, the appeal is dismissed. TEX. R. APP. P. 42.3(c). Any pending

motions are dismissed as moot.

PER CURIAM Panel consists of Justices Rivas-Molloy, Guiney, and Morgan.