Opinion
No. 55074.
07-07-2011
YALE ENTERPRISES, INC., A Nevada Corporation, Appellant, v. John NAPOLI, Respondent.
Yale Enterprises, Inc. Charles M. Damus & Associates
Yale Enterprises, Inc.
Charles M. Damus & Associates
ORDER DISMISSING APPEAL
On February 11, 2011, this court entered an order allowing appellant's counsel to withdraw and giving appellant 40 days to obtain new counsel and cause counsel to enter an appearance in this court. We cautioned appellant that failure to retain counsel would result in the dismissal of this appeal. 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”); Sudne v. Contel of California, 112 Nev. 541, 542–43, 915 P.2d 298, 299 (1996) (explaining that nonlawyers may not represent entities in court); Salman v. Newell, 110 Nev. 1333, 1336, 885 P.2d 607, 608 (1994) (observing that no statute or rule permits a nonlawyer to represent an entity and concluding that an entity cannot proceed in proper person). To date, appellant has failed to respond to this court's February 11 order.
On March 3, 2011, respondent filed a motion to dismiss based on appellant's failure to obtain new counsel and prosecute this appeal. No opposition was filed, and on March 22, 2011, this court received returned mail addressed to appellant, stating that no forwarding address was provided.
On April 4 and May 9, 2011, respondent's counsel improperly filed letters in this court seeking to dismiss this appeal. NRAP 27. No action need be taken with respect to those letters.
Based on appellant's failure to obtain counsel and prosecute this appeal, we grant respondent's motion and
ORDER this appeal DISMISSED.