Top Level Construction Company v. Department of State

Case: 26-1768 Document: 9 Page: 1 Filed: 07/27/2026

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ TOP LEVEL CONSTRUCTION COMPANY,

Appellant v.

DEPARTMENT OF STATE,

Appellee ______________________ 2026-1768 ______________________ Appeal from the Civilian Board of Contract Appeals in No. 8301, Administrative Judge Harold D. Lester, Jr., Ad- ministrative Judge Jonathan L. Kang, and Administrative Judge Kathleen J. O’Rourke. ______________________

Before TARANTO, CHEN, and STOLL, Circuit Judges.

PER CURIAM.

ORDER

Following this court’s June 4, 2026 order directing the parties to address whether this appeal should be dismissed based on Top Level Construction Company’s failure to re- tain counsel, the Department of State urges dismissal while Khaybar Ziarmal, the president of Top Level, urges the court to assert jurisdiction. We dismiss.

Case: 26-1768 Document: 9 Page: 2 Filed: 07/27/2026

2 TOP LEVEL CONSTRUCTION COMPANY v. DEPARTMENT OF STATE

“A corporation, partnership, organization, or other le- gal entity must be represented by counsel before this court.” Fed. Cir. R. 47.3(a); see Rowland v. Cal. Men’s Col- ony, 506 U.S. 194, 201–02 (1993) (“It has been the law for the better part of two centuries . . . that a corporation may appear in the federal courts only through licensed coun- sel.”); 28 U.S.C. § 1654. And “[t]his requirement may not be waived.” Min. Hill Venture v. Norton, 31 F. App’x 675, 676 (Fed. Cir. 2002); see Algonac Mfg. Co. v. United States, 458 F.2d 1373, 1375 (Ct. Cl. 1972). Here, Mr. Ziarmal seeks to pursue an appeal on his company’s behalf, but he does not appear to be an attorney and no attorney has en- tered an appearance on behalf of Top Level. Thus, while this court may have jurisdiction, Top Level may not main- tain this appeal without legal representation.

Accordingly,

IT IS ORDERED THAT: (1) The appeal is dismissed. (2) Each party shall bear its own costs.

FOR THE COURT

July 27, 2026

Date