Michael Whitinger v. Jodie Jackson

• Court: Court of Appeals of Texas
• Decided: July 3, 2024
• Docket: 05-24-00425-CV
• Status: Published

Opinion

DISMISS and Opinion Filed July 3, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00425-CV

MICHAEL WHITINGER, Appellant V. JODIE JACKSON, Appellee

On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-09070

MEMORANDUM OPINION Before Justices Reichek, Goldstein, and Garcia Opinion by Justice Reichek On May 6, 2024, we sent a letter to appellant directing appellant to file an

amended notice of appeal signed by himself no later than May 16, 2024. We

explained the notice of appeal filed on April 5, 2024 was not proper because it was

signed by Jennifer Chaney, as power of attorney for appellant, and that in Texas, a

person who is not a licensed attorney may not represent another person. See Paselk

v. Rabun, 293 S.W.3d 600, 606 (Tex. App—Texarkana 2009, pet. denied) (“While

a layperson has the right to represent themselves, a layperson does not have the right

to represent others.”). We directed appellant to file an amended notice of appeal within ten days and informed appellant the appeal was subject to dismissal if he

failed to do so.

To date, appellant has not filed an amended notice of appeal nor otherwise

corresponded with the Court regarding the status of this appeal.

Accordingly, we dismiss this appeal. See Tex. R. App. P. 42.3(b), (c).

/Amanda L. Reichek/ AMANDA L. REICHEK 240425F.P05 JUSTICE

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

MICHAEL WHITINGER, Appellant On Appeal from the 14th Judicial District Court, Dallas County, Texas No. 05-24-00425-CV V. Trial Court Cause No. DC-21-09070. Opinion delivered by Justice JODIE JACKSON, Appellee Reichek. Justices Goldstein and Garcia participating.

In accordance with this Court’s opinion of this date, this appeal is DISMISSED.

Judgment entered July 3, 2024

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