Charles Michael Forrest v. Jeffrey S. Davis--Appeal from 249th District Court of Johnson County
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IN THE TENTH COURT OF APPEALS No. 10-11-00130-CV FORREST PROPERTY MANAGEMENT, INC., FORREST CLEBURNE PROPERTIES, LP, FORREST CHEVROLET-CADILLAC, INC., FORREST PONTIAC-BUICK-GMC TRUCKS, INC., AND CHARLES MICHAEL FORREST, Appellants v. JEFFREY S. DAVIS, Appellee From the 249th District Court Johnson County, Texas Trial Court No. C201000545 ORDER In a letter dated May 3, 2011, the Clerk notified Appellants Forrest Property Management, Inc., Forrest Cleburne Properties, LP, Forrest Chevrolet-Cadillac, Inc., and Forrest Pontiac-Buick-GMC Trucks, Inc. that their motion to extend time to file notice of appeal would be summarily denied and that this appeal would be dismissed as to them unless, within 21 days after the letter s date, they filed (1) a notice of appearance by counsel for them and an amended motion to extend time to file notice of appeal and (2) an amended notice of restricted appeal, signed by their counsel, with an attached filemarked and signed copy of the trial court s judgment being appealed.1 Because Appellants Forrest Property Management, Inc., Forrest Cleburne Properties, LP, Forrest Chevrolet-Cadillac, Inc., and Forrest Pontiac-Buick-GMC Trucks, Inc. have failed to comply with the Clerk s letter, their motion to extend time to file notice of appeal is denied and this appeal is dismissed as to them. See TEX. R. APP. P. 42.3(c). Because Appellant Charles Michael Forrest substantially complied with the Clerk s letter by filing a file-marked and signed copy of the trial court s judgment with his docketing statement, the appeal is not dismissed as to him at this time. PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal partially dismissed; motion to extend time denied Order issued and filed July 6, 2011 Do not publish The Clerk s letter noted that Forrest Property Management, Inc., Forrest Cleburne Properties, LP, Forrest Chevrolet-Cadillac, Inc., and Forrest Pontiac-Buick-GMC Trucks, Inc. appear to be corporations and a limited partnership, and they may appear and be represented only by a licensed attorney. See Kunstoplast of Am., Inc. v. Formosa Plastics Corp., U.S.A., 937 S.W.2d 455, 456 (Tex. 1996); MHL Homebuilder LLC v. Dabal/Graphic Resource, No. 14-05-00295-CV, 2005 WL 1404475 (Tex. App. Houston [14th Dist.] June 16, 2005, no pet.) (mem. op.). As to Forrest Property Management, Inc., Forrest Cleburne Properties, LP, Forrest Chevrolet-Cadillac, Inc., and Forrest Pontiac-Buick-GMC Trucks, Inc., the April 19 motion to extend time to file notice of appeal and the notice of restricted appeal were signed by Charles Michael Forrest as their President, and he does not appear to be a licensed attorney. 1 Forrest Property Management, Inc. v. Davis Page 2
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