Opinion
No. 63694
03-14-2014
FATBURGER CORPORATION, A NEVADA FOREIGN CORPORATION, Appellant, v. WEINGARTEN NOSTAT, INC., A TEXAS CORPORATION, Respondent.
An unpublisl ed order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DISMISSING APPEAL
This court previously granted a motion to withdraw filed by former counsel for appellant. In that order, we directed appellant to retain new counsel and cause new counsel to file a notice of appearance with this court within 30 days. We also cautioned appellant that failure to retain new counsel would result in dismissal of this appeal because, as an entity, appellant cannot proceed in proper person and must be represented by a licensed Nevada attorney. See State v. Stu's Bail Bonds, 115 Nev. 436, 436 n.1, 991 P.2d 469, 470 n.1 (1999) (noting that "business entities are not permitted to appear, or file documents, in proper person"); Salman v. Newell, 110 Nev. 1333, 1336, 885 P.2d 607, 608 (1994) (observing that no statute or rule permits a non-lawyer to represent an entity and concluding that an entity cannot proceed in proper person); Sunde v. Contel of California, 112 Nev. 541, 542-43, 915 P.2d 298, 299 (1996) (explaining that non-lawyers may not represent entities in court).
Respondent has filed a motion to dismiss this appeal noting that appellant has not retained new counsel nor responded in any manner to our previous order within the allotted time. Cause appearing, we grant respondent's unopposed motion and we dismiss this appeal.
It is so ORDERED.
__________, J.
Pickering
__________, J.
Parraguirre
__________, J.
Saitta
cc: Hon. Jerome T. Tao, District Judge
Lansford W. Levitt, Settlement Judge
Fatburger Corporation
Kravitz, Schnitzer & Johnson, Chtd.
Eighth District Court Clerk