Summary
The Texas Court of Appeals dismissed Anthony Hutson's appeal for want of prosecution because the amended notice of appeal was filed by a nonparty, nonattorney acting in a representative capacity. The court held that a person may appear pro se only on their own behalf and that nonattorneys may not file pleadings or other litigation documents for another person. The dismissal was issued under Texas Rule of Appellate Procedure 42.3(b) and (c).
Topics
Practice areas
Questions Presented
- Whether a nonattorney and nonparty may file an appellate pleading on behalf of another individual in a pro se representative capacity.
- Whether the appeal should be dismissed when no attorney or the appellant personally files a proper amended notice of appeal after being directed to do so.
Holdings
- An individual may appear pro se only to litigate that individual’s own rights and may not appear pro se in a representative capacity on behalf of another person.
- The appeal must be dismissed for want of prosecution because neither Hutson nor an attorney representing him filed an amended notice of appeal.
Key quotations
“Therefore, because an individual acting on behalf of another individual may not appear pro se in a representative capacity, and no attorney has filed an amended notice of appeal on behalf of Anthony Hutson, we dismiss this appeal.” (2)
Factual background
The underlying case involved an order determining interests, finding heir property, and ordering partition by sale under Chapter 23A of the Texas Property Code. Anthony Hutson attempted to appeal through O’Neal Williams, described as his pro se representative. After the appellate court required a proper amended notice of appeal, Olivia Hutson filed one even though she was not a party and was not an attorney.
Procedural history
Anthony Hutson, through his pro se representative O’Neal Williams, filed a notice of appeal from the trial court’s partition order. The court of appeals advised that a nonparty could not represent Hutson pro se in a representative capacity and required an amended notice filed by either an attorney or Hutson himself. Olivia Hutson, who was neither a party nor an attorney, filed the amended notice. Because no attorney filed an amended notice on Hutson’s behalf, the court dismissed the appeal for want of prosecution.