Michael Whitinger v. Jodie Jackson

CourtListener 9998941Txctapp5Jul 3, 2024

Full text

DISMISS and Opinion Filed July 3, 2024

S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00425-CV

MICHAEL WHITINGER, Appellant
V.
JODIE JACKSON, Appellee

On Appeal from the 14th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-21-09070

MEMORANDUM OPINION
Before Justices Reichek, Goldstein, and Garcia
Opinion by Justice Reichek
On May 6, 2024, we sent a letter to appellant directing appellant to file an

amended notice of appeal signed by himself no later than May 16, 2024. We

explained the notice of appeal filed on April 5, 2024 was not proper because it was

signed by Jennifer Chaney, as power of attorney for appellant, and that in Texas, a

person who is not a licensed attorney may not represent another person. See Paselk

v. Rabun, 293 S.W.3d 600, 606 (Tex. App—Texarkana 2009, pet. denied) (“While

a layperson has the right to represent themselves, a layperson does not have the right

to represent others.”). We directed appellant to file an amended notice of appeal
within ten days and informed appellant the appeal was subject to dismissal if he

failed to do so.

To date, appellant has not filed an amended notice of appeal nor otherwise

corresponded with the Court regarding the status of this appeal.

Accordingly, we dismiss this appeal. See Tex. R. App. P. 42.3(b), (c).

/Amanda L. Reichek/
AMANDA L. REICHEK
240425F.P05 JUSTICE

–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT

MICHAEL WHITINGER, Appellant On Appeal from the 14th Judicial
District Court, Dallas County, Texas
No. 05-24-00425-CV V. Trial Court Cause No. DC-21-09070.
Opinion delivered by Justice
JODIE JACKSON, Appellee Reichek. Justices Goldstein and
Garcia participating.

In accordance with this Court’s opinion of this date, this appeal is
DISMISSED.

Judgment entered July 3, 2024

–3–

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