Cypresswood Land Partners I and Stephen A. Morrow v. Beirne, Maynard and Parsons, LLP

Dismissed and Memorandum Opinion filed November 1, 2016.

In The

Fourteenth Court of Appeals

NO. 14-16-00389-CV

CYPRESSWOOD LAND PARTNERS I AND STEPHEN A. MORROW,

Appellants

V.

BEIRNE, MAYNARD AND PARSONS, LLP, Appellee

On Appeal from the 151st District Court Harris County, Texas Trial Court Cause No. 2014-48326

MEMORANDUM OPINION

This is an appeal from a judgment signed April 11, 2016. The reporter’s record was filed June 7, 2016. The clerk’s record was filed July 26, 2016.

On September 1, 2016, this court issued an order stating that unless appellant Stephen Morrow submitted a brief on or before September 26, 2016, the court would dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b). No brief has been filed.

Appellant Cypresswood Land Partners I (“Cypresswood”), which describes itself as a joint venture, is not represented by counsel in this appeal. Rather, Cypresswood is attempting to represent itself pro se through one of the joint venturers, who is not an attorney. Joint ventures are generally governed by the law of partnerships. See Truly v. Austin, 744 S.W.2d 934, 937 (Tex. 1988); Lawler v. Dallas Statler-Hilton Joint Venture, 793 S.W.2d 27, 33 (Tex. App.—Dallas 1990, writ denied). Though a non-attorney may perfect appeal for a partnership, partnerships, like corporations, may appear and be represented only by a licensed attorney. Kunstoplast of Am., Inc. v. Formosa Plastics Corp., U.S.A., 937 S.W.2d 455, 456 (Tex. 1996); Simmons, Jannace & Stagg, L.L.P. v. The Buzbee Law Firm, 324 S.W.3d 833, 833 (Tex. App.—Houston [14th Dist.] 2010, no pet.) (mem op.).

On October 6, 2016, we ordered Cypresswood to obtain counsel for this appeal and to provide proof of the retention by October 13, 2016. We stated that if Cypresswood does not comply, the court would dismiss Cypresswood’s appeal for failure to comply with our order. See Tex. R. App. P. 42.3(c). No proof of retention of counsel or other response has been filed.

Accordingly, the appeal is DISMISSED.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Boyce and Christopher.