Almericas Veterans Mortgage Trust v. Village Capital & Investment, LLC and Brock & Scott, PLLC

Summary

The Texas Court of Appeals for the Third District dismissed the appeal for want of prosecution because the appellant trust was represented by a nonattorney trustee acting pro se. The court held that a trustee may not represent a trust in a representative capacity and that no attorney had filed an amended notice of appeal on the trust’s behalf.

Holdings

1. A trustee may not appear pro se in a representative capacity on behalf of a trust; the trust must be represented by a licensed attorney.
2. The appeal must be dismissed because the nonattorney trustee could not represent the trust and no attorney filed an amended notice of appeal on the trust's behalf.

Questions Presented

1. Whether a trustee may represent a trust pro se in an appeal.
2. Whether the appeal should be dismissed when no licensed attorney files an amended notice of appeal on behalf of the trust after the court directs that one be filed.

Disposition

dismissed