CourtListener 10324219•Nathaniel Freeman, Jr., Larry Freeman, Redick Freeman & Rachel Freeman v. Brenda M. Freeman-Heslip
Nathaniel Freeman, Jr., Larry Freeman, Redick Freeman & Rachel Freeman v. Brenda M. Freeman-Heslip
CourtListener 10324219Txctapp1030.01.2025
Gesamter Gesetzestext
IN THE
TENTH COURT OF APPEALS
No. 10-24-00206-CV
NATHANIEL FREEMAN, JR., LARRY FREEMAN, REDICK FREEMAN
& RACHEL FREEMAN,
Appellants
v.
BRENDA M. FREEMAN-HESLIP,
Appellee
From the 335th District Court
Burleson County, Texas
Trial Court No. 30977
MEMORANDUM OPINION
On December 10, 2024, Nathaniel Freeman, Jr., and Brenda Freeman-Heslip filed
an “Agreed Motion to Dismiss Appeal with Prejudice,” asserting that they have entered
into a Rule 11 Settlement Agreement in the underlying proceeding. Accordingly, the
parties request that we dismiss this appeal with prejudice, and that we expedite
issuance of the mandate.
On January 6, 2024, this Court sent the following letter to the remaining
defendants at the trial court level, who had not filed notices of appeal but were included
in the first notice of appeal filed by Nathaniel Freeman, Jr.:
On July 3, 2024, a notice of appeal was filed by the Defendant,
Nathaniel Freeman, Jr. The notice of appeal was unsigned and included
the names of all defendants at the trial court level. On July 11, 2024, an
amended notice of appeal was filed. The amended notice of appeal
included only Nathaniel Freeman Jr.’s name and was signed by him. It
appears from the notice of appeal and amended notice of appeal that
Nathaniel Freeman Jr. is appearing pro se.
The July 3 notice of appeal was defective as to the remaining
defendants—Larry Freeman, Redick Freeman, and Rachel Freeman—
because it was not signed by these parties or on their behalf by an attorney
licensed to practice in the State of Texas. Generally, an individual must
appear in person or by an attorney. See Kunstoplast of Am., Inc. v. Formosa
Plastics Corp., USA, 937 S.W.2d 455, 456 (Tex. 1996).
Unless a licensed attorney or the parties—Larry Freeman, Redick
Freeman, and Rachel Freeman—file a notice of appearance on behalf of
these parties within 10 days of the date of this letter, Larry Freeman,
Redick Freeman, and Rachel Freeman will be dismissed from this appeal.
See TEX. R. APP. P. 42.3(b), (c).
Larry Freeman, Redick Freeman, and Rachel Freeman did not file a response to this
letter. Accordingly, they are dismissed from this appeal.
Having disposed of the non-moving parties, the “Agreed Motion to Dismiss
Appeal with Prejudice” is granted. Costs of appeal are taxed against the party
incurring same. TEX. R. APP. P. 42.1(d).
Accordingly, we dismiss this appeal. Appellee’s supplemental motion to
dismiss, filed on January 8, 2025, is dismissed as moot.
Nathaniel Freeman, Jr., et al. v. Brenda M. Freeman-Heslip Page 2
MATT JOHNSON
Chief Justice
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Dismissed
Opinion delivered and filed January 30, 2025
[CV06]
Nathaniel Freeman, Jr., et al. v. Brenda M. Freeman-Heslip Page 3
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