Opinion
No. 02-08-173-CV
Delivered: May 29, 2008.
Appealed from County Court At Law No. 3 of Tarrant County.
PANEL D: WALKER, J.; CAYCE, C.J.; and MCCOY, J.
MEMORANDUM OPINION
See TEX. R. APP. P. 47.4.
Appellant Triple R Auto Sales is attempting to appeal the trial court's summary judgment in favor of Appellee Fort Worth Transportation Authority. Because Appellant's notice of appeal was untimely filed, we will dismiss the appeal for want of jurisdiction.
The trial court signed the summary judgment at issue on January 11, 2008. Appellant timely filed a motion for new trial on February 11, 2008. See TEX. R. CIV. P. 329b(a) (providing that a motion for new trial shall be filed within thirty days after the judgment is signed). Accordingly, Appellant's notice of appeal was due on or before April 10, 2008. See TEX. R. APP. P. 26.1(a)(1) (requiring notice of appeal to be filed within ninety days of the date of the judgment if a motion for new trial is timely filed by any party). The appellate court may extend the time to file the notice of appeal if, within fifteen days after the deadline for filing the notice of appeal, the appellant actually files the notice of appeal and also files a motion for extension of time to file the notice of appeal. See TEX. R. APP. P. 26.3. Under this extension provision, Appellant's notice of appeal and motion for extension of time to file a notice of appeal were due no later than fifteen days after April 10, 2008, that is, no later than April 25, 2008. But here, Appellant did not file its notice of appeal or its motion for extension of time to file its notice of appeal until April 28, 2008 — three days beyond the fifteen-day extension period. See TEX. R. APP. P. 10.5(b), 26.3.
Because Appellant's notice of appeal appeared to be untimely filed and also because it was signed by an individual who is not licensed to practice law in Texas, we notified Appellant on April 29, 2008, of our concern that this court may not have jurisdiction over the appeal and informed Appellant that unless it or any party desiring to continue the appeal filed with the court a response showing a reasonable explanation for the late filing of the notice of appeal, this appeal would be dismissed for want of jurisdiction. See TEX. R. APP. P. 10.5(b), 26.3(b), 42.3(a). We have received no response.
A corporation may not appear in court through its officers who are not attorneys, and a notice of appeal filed by such an officer is not effective. Globe Leasing, Inc. v. Engine Supply Mach. Servs., 437 S.W.2d 43, 45 (Tex.Civ.App.-Houston [1st Dist.] 1969, no writ); see also Kunstoplast of Am. v. Formosa Plastics Corp., 937 S.W.2d 455, 456 (Tex. 1996) (stating that "[g]enerally a corporation may be represented only by a licensed attorney"); Dell Dev. Corp. v. Best Indus. Unif. Supply Co., 743 S.W.2d 302, 303 (Tex.App.-Houston [14th Dist.] 1987, writ denied) (stating that "[c]orporations may appear and be represented only by a licensed attorney"). Therefore, even if timely, Appellant's notice of appeal would not have conferred jurisdiction on this court. See Dish TV, Inc. v. Aldine ISD, No. 01-04-00145-CV, 2005 WL 1837952, at *1 (Tex.App.-Houston [1st Dist.] Aug. 4, 2005, no pet.) (dismissing appeal for lack of jurisdiction when non-lawyer corporate officer signed notice of appeal on behalf of corporation).
Times for filing a notice of appeal are jurisdictional in this court, and absent a timely filed notice of appeal or an extension request, we must dismiss the appeal. See TEX. R. APP. P. 25.1(b), 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). We therefore dismiss Appellant's appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f).