Opinion
14-23-00337-CV
08-31-2023
JOSE FRANCISCO RODRIGUEZ AND NVI HOMES LLC, Appellants v. GEORGE LUIS BENAVIDEZ HERNANDEZ AND NANCY PEREZ,Appellees
On Appeal from the County Civil Court at Law No. 1 Harris County, Texas Trial Court Cause No. 1178076
Panel Consists of Chief Justice Christopher and Justices Bourliot and Hassan.
ORDER
PER CURIAM.
This is an appeal from a judgment entered against appellants Jose Francisco Rodriguez and NVI Homes LLC. The pro se notice of appeal states it is filed by NVI Homes, LLC. The notice is signed by Jose Francisco Rodriguez. We construe the notice to be filed on behalf of Rodriguez individually as well as attempting to be filed on behalf of NVI Homes, LLC.
On June 1, 2023, we issued a notice instructing appellants that the appeal was subject to dismissal as to NVI Homes because NVI Homes is not represented by counsel. Except for the performance of ministerial tasks, 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); see also Dell Dev. Corp. v. Best. Indus. Uniform Sup. Co., 743 S.W.2d 302, 303 (Tex. App. Houston [14th Dist.] 1987, writ denied).
On June 9, 2023, appellant Rodriguez filed a motion to retain the appeal. Appellant stated in the motion that he is in the process of attempting to hire counsel to represent NVI Homes. On July 6, 2023, we issued an order granting appellant's motion to retain the case on behalf of NVI Homes. In that order, we informed appellants that NVI Homes would be dismissed if appellants did not provide proof of retention of counsel for NVI Homes on or before August 7, 2023. See Tex. R. App. P. 42.3(c).
On August 7, 2023, appellant Rodriguez filed another motion to retain the case on behalf of NVI Homes. The motion is denied. We DISMISS appellant NVI Homes, LLC from the appeal.
Appellant Rodriguez's motion to extend time to file a brief is granted to September 29, 2023, with no further extensions to be granted absent exceptional circumstances.