Metroplex Realty LLC, a Texas Limited Liability Company v. Madison Semiler

• Court: Court of Appeals of Texas
• Decided: March 15, 2024
• Docket: 05-23-00891-CV
• Status: Published

Opinion

Dismissed and Opinion Filed March 15, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00891-CV

METROPLEX REALTY LLC, DALLAS FORT WORTH REAL ESTATE GROUP, LLC D/B/A THE AZBELL GROUP, METROPLEX REALTY FINANCIAL CORP., AND CARL AZBELL D/B/A THE AZBELL GROUP, D/B/A THE BURGESS REAL ESTATE GROUP, D/B/A METROPLEX REALTY DALLAS GROUP, D/B/A METROPELX REALTY DALLAS, D/B/A METROPLEX REALTY GALVESTON GROUP, D/B/A METROPLEX REALTY HOUSTON GROUP, D/B/A RAD HOME TEAM, Appellants V. MADISON SEMLER, Appellee

On Appeal from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-17309

MEMORANDUM OPINION Before Justices Partida-Kipness, Nowell, and Smith Opinion by Justice Partida-Kipness This appeal from a summary judgment order was filed by Carl Azbell, a non-

attorney.1 Because the summary judgment order did not state it disposed of all parties

1 Included as appellants in the caption of the notice of appeal were Does 1 through 10. We note the record reflects Does 1 through 10 were named defendants in appellee’s original petition but were not named defendants in appellee’s first amended petition, which was appellee’s live pleading. Their omission from the amended petition had the effect of dismissing them from the suit. See Johnson v. Coca-Cola Co., 727 and claims, and the record reflected it in fact did not, we questioned our jurisdiction

over this appeal. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195, 205 (Tex.

2001) (generally, appeal may only be taken from final judgment, and when judgment

does not follow conventional trial on merits, judgment is final only if it actually

disposes of all parties and claims or states clearly and unequivocally that it finally

disposes of all parties and claims).

In response to our request for jurisdictional briefing, Mr. Azbell filed a letter

brief, but nothing in the letter brief demonstrates we have jurisdiction over the

appeal.2 Accordingly, on the record before us, we dismiss the appeal. See TEX. R.

APP. P. 42.3(a); Lehmann, 39 S.W.3d 195, 205.

230891f.p05 /Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE

S.W.2d 756, 758 (Tex. App.—Dallas 1987, writ ref’d n.r.e.). Having been dismissed from the underlying suit, they are not parties to this appeal. 2 We note that on September 20, 2023, shortly after the appeal was filed, we ordered the corporate appellants to file a notice of designation of counsel in accordance with Texas Rule of Appellate Procedure 6.1(c). See TEX. R. APP. P. 6.1(c). We explained that, because nothing before us reflected Mr. Azbell was a licensed attorney, he could not represent them. See TEX. GOV’T CODE ANN. § 81.102 (limiting practice of law to persons admitted to the state bar and those permitted by supreme court rules); Kunstoplast of Am., Inc. v. Formosa Plastics Corp., 937 S.W.2d 455, 456 (Tex. 1996) (per curiam) (corporation may be represented in court only by licensed attorney). Although we cautioned that further action in this appeal on behalf of the corporate appellants could only be taken by a licensed attorney, they failed to obtain counsel, and the letter brief Mr. Azbell filed was filed not just on his behalf, but their behalf also. In the letter brief, Mr. Azbell requests additional time to find counsel. Given our disposition of the appeal, we deny the request. –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

METROPLEX REALTY LLC, On Appeal from the 160th Judicial DALLAS FORT WORTH REAL District Court, Dallas County, Texas ESTATE GROUP, LLC D/B/A THE Trial Court Cause No. DC-22-17309. AZBELL GROUP, METROPLEX Opinion delivered by Justice Partida- REALTY FINANCIAL CORP., Kipness, Justices Nowell and Smith AND CARL AZBELL D/B/A THE participating. AZBELL GROUP, D/B/A THE BURGESS REAL ESTATE GROUP, D/B/A METROPLEX REALTY DALLAS GROUP, D/B/A METROPLEX REALTY DALLAS, D/B/A METROPLEX REALTY GALVESTON GROUP, D/B/A METROPLEX REALTY HOUSTON GROUP, D/B/A RAD HOME TEAM, Appellants

No. 05-23-00891-CV V.

MADISON SEMLER, Appellee

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellee Madison Semler recover her costs, if any, of this appeal from appellants Metroplex Realty LLC, Dallas Fort Worth Real Estate Group, LLC d/b/a The Azbell Group, Metroplex Realty Financial Corp., and Carl Azbell d/b/a The Azbell Group, d/b/a The Burgess Real Estate Group, d/b/a Metroplex Realty Dallas Group, d/b/a Metroplex Realty Dallas, d/b/a Metroplex

–3– Realty Galveston Group, d/b/a Metroplex Realty Houston Group, d/b/a Rad Home Team.

Judgment entered this 15th day of March, 2024.

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