William Berry Waters III v. Oaks at Round Rock, LLC

Summary

The Texas Court of Appeals, Third District, dismissed the appeal for want of prosecution because the pro se appellant failed to file an amended notice of appeal bearing his own signature. The court held that a notice of appeal filed on the appellant’s behalf by a non-lawyer was ineffective and dismissed the case under Texas Rule of Appellate Procedure 42.3(c).

Holdings

1. A non-lawyer may not represent another party or prepare and file appellate documents on that party's behalf; a notice of appeal filed by a non-attorney in a representative capacity is ineffective.
2. The court may dismiss an appeal when the appellant fails to comply with the appellate rules, a court order, or a notice from the clerk, and dismissal was warranted because Waters did not file the required amended notice of appeal.

Questions Presented

1. Whether a notice of appeal filed by a non-lawyer on behalf of a pro se appellant is effective.
2. Whether the appeal should be dismissed when the appellant fails to comply with the clerk's notice and the requirement that an unrepresented party sign documents filed by that party.

Disposition

dismissed