Lost Creek Ventures, LLC D/B/A Happy Bulldog Management Stephan Epstein And Marilyn Roth Epstein v. Alan Pilgrim

Opinion

ACCEPTED

01-15-00375-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS 12/30/2015 8:38:03 AM CHRISTOPHER PRINE

CLERK

No. 01-15-00375-CV

In the First Court of Appeals FILED IN

1st COURT OF APPEALS

HOUSTON, TEXAS

Houston, Texas 12/30/2015 8:38:03 AM CHRISTOPHER A. PRINE

Clerk

______________________________________

LOST CREEK VENTURES LLC D/B/A HAPPY BULLDOG MANAGEMENT, STEPHAN EPSTEIN AND MARILYN ROTH EPSTEIN, Appellants,

v.

ALAN PILGRIM,

Appellee.

______________________________________

REPLY IN SUPPORT OF MOTION TO DISMISS LOST CREEK VENTURES LLC

______________________________________

TO THE HONORABLE FIRST COURT OF APPEALS:

Appellee Alan Pilgrim files this reply in support of his motion asking the Court

to dismiss Lost Creek Ventures LLC d/b/a Happy Bulldog Management from the

appeal.

Pilgrim asked the Court to dismiss Lost Creek from the appeal because a

corporation cannot act pro se through a corporate officer who is not an attorney. Lost

Creek filed a response, arguing that the “Court should deny the Motion because the

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corporation has retained attorney Nicholas R. Dillard to represent it in this appeal.”

Mr. Dillard also filed a “Notice of Designation of Lead Counsel.”

Lost Creek’s appeal should still be dismissed. Mr. Dillard did not file an

Appellant’s Brief on behalf of Lost Creek or seek any additional time to do so. The

brief filed by Stephen Epstein, as a member of Lost Creek and purportedly on behalf

of Lost Creek “pro se”, is a nullity. A corporation cannot act pro se through a corporate

officer who is not an attorney. Chavez v. Pugh, No. 03-15-00395-CV, 2015 WL 5781113,

at *1 n.1 (Tex. App.—Austin Oct. 2, 2015, no pet.) (mem. op.) (noting corporation’s

president could not represent corporation pro se). And the failure of an appellant to

timely file a brief warrants dismissal. TEX. R. APP. P. 38.8.

CONCLUSION

For these reasons, Appellee Alan Pilgrim asks the Court to dismiss Lost Creek

Ventures LLC d/b/a Happy Bulldog Management from this appeal. Appellee requests

all other relief to which he has shown himself justly entitled to receive.

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Date: December 30, 2015 Respectfully submitted,

/s/ Lisa Bowlin Hobbs Lisa Bowlin Hobbs State Bar No. 24026905 Kurt Kuhn State Bar No. 24002433 KUHN HOBBS PLLC 3307 Northland Drive, Suite 310 Austin, Texas 78731 (512) 476-6003 (512) 476-6002 (fax) Lisa@KuhnHobbs.com

Attorneys for Appellee, Alan Pilgrim

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CERTIFICATE OF SERVICE

I hereby certify that, on December 30, 2015, a true and correct copy of this reply was served on the following parties and counsel via e-Service:

Nicholas R. Dillard 10213 Red Fern Court Conroe, Texas 77385 Nicholas.Dillard@talltexaslaw.com

Attorney for Lost Creek Ventures LLC d/b/a Happy Bulldog Management

Marilyn Roth Epstein Stephan Epstein 7519 Stonecliff Drive Austin, Texas 78731 organiclady4@gmail.com

Pro Se

/s/ Lisa Bowlin Hobbs Lisa Bowlin Hobbs