Village Crestmont Houston USA, L.L.C. and West Crestmont Houston USA, L.L.C. v. Jose J. Gaitan, Individually and D/B/A EC & J Remodeling & Painting

Court of Appeals of Texas·Decided November 12, 2015·No. 05-15-00456-CV·Published

Opinion

Dismissed and Opinion Filed November 12, 2015

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-15-00456-CV

VILLAGE CRESTMONT HOUSTON USA, L.L.C. AND WEST CRESTMONT HOUSTON USA, L.L.C. D/B/A CRESTMONT VILLAGE APARTMENTS, Appellants

V.

JOSE J. GAITAN, INDIVIDUALLY AND D/B/A EC & J REMODELING & PAINTING, Appellee

On Appeal from the 191st Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-14-08108

MEMORANDUM OPINION Before Justices Lang, Evans, and Whitehill Opinion by Justice Whitehill

By order of September 24, 2015, we granted appellants’ counsel’s motion to withdraw.

Because a corporation may only appear through an attorney, we directed appellants in that same

order to file a notice designating new counsel within thirty days. See Kunstoplast of Am., Inc. v.

Formosa Plastics Corp., 937 S.W.2d 455, 456 (Tex. 1996) (per curiam). We cautioned

appellants that failure to timely obtain new counsel would result in dismissal of the appeal

without further notice. To date, however, appellants have not designated new counsel or

otherwise communicated with the Court regarding the appeal. Accordingly, we dismiss the

appeal.

150456F.P05

/Bill Whitehill/ BILL WHITEHILL JUSTICE

S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

VILLAGE CRESTMONT HOUSTON On Appeal from the 191st Judicial District USA, L.L.C. AND WEST CRESTMONT Court, Dallas County, Texas HOUSTON USA, L.L.C. D/B/A Trial Court Cause No. DC-14-08108. CRESTMONT VILLAGE APARTMENTS, Opinion delivered by Justice Whitehill. Appellants Justices Lang and Evans participating.

No. 05-15-00456-CV V.

JOSE J. GAITAN, INDIVIDUALLY AND D/B/A EC & J REMODELING & PAINTING, Appellee

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

We ORDER that appellee Jose J. Gaitan, Individually and d/b/a EC & J Remodeling & Painting recover his costs, if any, of this appeal from appellants Village Crestmont Houston, USA, L.L.C. and West Crestmont Houston USA, L.L.C. d/b/a Crestmont Village Apartments.

Judgment entered November 12, 2015.

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Village Crestmont Houston USA, L.L.C. and West Crestmont Houston USA, L.L.C. v. Jose J. Gaitan, Individually and D/B/A EC & J Remodeling & Painting, (Tex. Ct. App. 2015).

Village Crestmont Houston USA, L.L.C. and West Crestmont Houston USA, L.L.C. v. Jose J. Gaitan, Individually and D/B/A EC & J Remodeling & Painting (Village Crestmont Houston USA, L.L.C. and West Crestmont Houston USA, L.L.C. v. Jose J. Gaitan, Individually and D/B/A EC & J Remodeling & Painting) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Kunstoplast of America, Inc. v. Formosa Plastics Corp.
937 S.W.2d 455 (Texas Supreme Court, 1997)