Court of Civil Appeals of Texas, 2018

Jackie Menyweather v. Joan Anthony

Jackie Menyweather v. Joan Anthony
Court of Civil Appeals of Texas · Decided August 8, 2018

Jackie Menyweather v. Joan Anthony

Opinion

Order entered August 8, 2018

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00297-CV JACKIE MENYWEATHER, Appellant V. JOAN ANTHONY, Appellee On Appeal from the County Court at Law No. 2 Kaufman County, Texas Trial Court Cause No. 18C-001-2 ORDER Appellee’s brief is signed by Sharon Gary as power of attorney for appellee. A power of attorney authorizes an individual to transact business for another; it does not authorize a person to act as a licensed attorney, representing individuals in proceedings in court. See Harkins v. Murphy & Bolanz, 112 S.W. 136, 138 (Tex. Civ. App.—Dallas 1908, writ dism’d); BLACK’S LAW DICTIONARY 1013 (9th ed.). In Texas, an individual may represent another in state court only if licensed as an attorney in Texas or authorized under rules promulgated by the Texas Supreme Court. See TEX. GOV’T CODE ANN. § 81.012 (West 2013); Paselk v. Rabun, 293 S.W.3d 600, 606 (Tex. App.—Texarkana 2009, pet. denied) (“layperson does not have right to represent others”). Gary is neither licensed in Texas nor authorized under court rules.

Accordingly, we STRIKE appellee’s brief. Appellee may file any brief pro se or through counsel no later than September 17, 2018.

/s/ DAVID EVANS JUSTICE

Case-law data current through December 31, 2025. Source: CourtListener bulk data.