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 GROUP, METROPLEX REALTY

FINANCIAL CORP., AND 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 METROPELX REALTY DALLAS, 

D/B/A METROPLEX REALTY GALVESTON GROUP, D/B/A 

METROPLEX REALTY HOUSTON GROUP, 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 Smith

Opinion by Justice Partida-Kipness

This appeal from a summary judgment order was filed by Carl Azbell, a nonattorney.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 the 

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 dismissing 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 only 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 letter brief demonstrates we have jurisdiction over the 

appeal.2 Accordingly, on the record before us, we dismiss the appeal. See TEX. R.

APP. 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 TEX. R. APP. P. 6.1(c). We explained that, because nothing before us reflected Mr. Azbell was 

a licensed attorney, he could not represent them. See TEX. GOV’T CODE ANN. § 81.102 (limiting practice 

of law to persons admitted to the state bar and those permitted by supreme court rules); Kunstoplast of Am., 

Inc. v. Formosa Plastics Corp., 937 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 REAL 

ESTATE GROUP, LLC D/B/A THE 

AZBELL GROUP, METROPLEX 

REALTY FINANCIAL CORP., 

AND 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 REALTY 

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 PartidaKipness, 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 Group, Metroplex Realty Financial Corp., and 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 15th day of March, 2024.