Dismissed and Opinion Filed March 15 , 2024

In The 

### Court of Appeals Fifth District of Texas at Dallas

No. 05

- 23

- 00891

- CV

METROPLEX REALTY LLC , DALLAS FORT WORTH REAL ESTATE GROUP, LLC D/B/A THE AZBELL GRO UP, METROPLEX REALTY FINANCIAL CORP., AND CARL AZBELL D/B/A T HE AZBELL GROUP, D/B/A THE BURGESS RE AL ESTATE GROUP, D/B /A METROPLEX REALTY DALLAS GROUP, D/B/A METROPELX REA LTY DALLAS, D/B/A METROPLEX REAL TY GALVESTON GROUP, D/B/A METROPL EX REALTY HOUSTON GR OUP, D/B/A RAD HOME TEAM, Appellants V. MADISON SEMLER , Appellee

On Appeal from the 160th Judicial District Court

Dallas County, Texas Trial Court Cause No. DC

- 22

- 17309

MEMORANDUM OPINION Before Justices Partida

- Kipness, Nowell, and Smi th Opinion by Justice Partida

- Kipness This appeal from a summary judgment order was filed by Carl Azbell, a non

attorney. 1 Because the summary judgment order did not state it disposed of all parties

1 Included as appellants in the caption of the notice of appeal were Does 1 through 10. We note t he record reflects Does 1 through 10 were named defendants in appellee’s original petition but were not named defendants in appellee’s first amended petition, which was appellee’s live pleading. Their omission from the amended petition had the effect of di smissing them from the suit. See Johnson v. Coca

- Cola Co. , 727– 2

–

and claims, and the record reflected it in fact did not, we questioned our jurisdiction

over this appeal. See Lehmann v. Har

- Con Corp. , 39 S.W.3d 191, 195, 205 (Tex.

2001) (generally, appeal may only be taken from final judgment, and when judgment

does not follow conventional trial on merits, judgment is final o nly if it actually

disposes of all parties and claims or states clearly and unequivocally that it finally

disposes of all parties and claims).

In response to our request for jurisdictional briefing, Mr. Azbell filed a letter

brief, but nothing in the let ter brief demonstrates we have jurisdiction over the

appeal. 2 Accordingly, on the record before us, we dismiss the appeal. See T EX

. R.

A PP

. P. 42.3(a); Lehmann , 39 S.W.3d 195, 205.

230891f.p05

S.W.2d 756, 758 (Tex. App.

— Dallas 1987, writ ref’d n.r.e.). Having been dismissed from the underlying suit, they are not parties to this appeal.

2 We note that on September 20, 2023 , shortly after the appeal was filed, we ordered the corporate appellants to file a notice of designation of counsel in accordance with Texas Rule of Appellate Procedure 6.1(c). See T EX

. R. A PP

. P. 6.1(c). We explained that, because nothing before us reflected Mr. A zbell was a licensed attorney, he could not represent them. See T EX

. G OV ’ T C ODE A NN

. § 81.102 (limiting practice of law to persons admitted to the state bar and those permitted by supreme court rule s ); Kunstoplast of Am., Inc. v. Formosa Plastics Corp. , 93 7 S.W.2d 455, 456 (Tex. 1996) (per curiam) (corporation may be represented in court only by licensed attorney). Although we cautioned that further action in this appeal on behalf of the corporate appellants could only be taken by a licensed attorney, they failed to obtain counsel, and the letter brief Mr. Azbell filed was filed not just on his behalf, but their behalf also. In the letter brief, Mr. Azbell requests additional time to find counsel. Given our disposition of the appeal, we deny the request. /Robbie Partida

- Kipness/ ROBBIE PARTIDA

- KIPNESS JUSTICE– 3

– 

### Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

METROPLEX REALTY LLC
, DALLAS FORT WORTH RE AL ESTATE GROUP, LLC D/ B/A THE AZBELL GROUP, METROP LEX REALTY FINANCIAL COR P., AND CARL AZBELL D/B/ A THE AZBELL GROUP, D/B/A THE BURGESS REAL ESTATE GROUP, D/B/A METROPL EX REALTY DALLAS GROUP, D/B/A METROPLEX REALTY DAL LAS, D/B/A METROPLEX REAL TY GALVESTON GROUP, D/B /A METROPLEX REALTY HOUSTON GROUP, D/B/A RAD HOME TEAM , Appellants

No. 05

- 23

- 00891

- CV V.

MADISON SEMLER, Appellee On Appeal from the 160th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC

- 22

- 17309. Opinion delivered by Justice Partida

Kipness, Justices Nowell and Smith participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellee Madison Semler recover her costs, if any, of this appeal from appellants Metroplex Realty LLC, Dallas Fort Worth Real Estate Group, LLC d/b/a The Azbell G roup, Metroplex Realty Financial Corp., a nd Carl Azbell d/b/a The Azbell Group, d/b/a The Burgess Real Estate Group, d/b/a Metroplex Realty Dallas Group, d/b/a Metroplex Realty Dallas, d/b/a Metroplex– 4

–

Realty Galveston Group, d/b/a Metroplex Realty Houston Group, d/b/a Rad Home Team.

Judgment entered this 15 th day of March
, 2024.