Order issued June 15, 2021

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-20-00464-CV

———————————

BDTP. LLC, SHAWN NYAHAY, AND WESLEY T. FORTUNE, Appellants

V.

UNITED STRUCTURES OF AMERICA, INC.; PRECISION BUILDING 

SYSTEMS, INC., ERWIN WEEKS CRAWFORD, IV AND ASHLEY 

CRAWFORD, Appellees

On Appeal from the 125th District Court

Harris County, Texas

Trial Court Case No. 2019-48435

MEMORANDUM ORDER

Because appellants failed to make payment arrangements for the filing of the 

reporter’s record, this Court issued an order on January 5, 2021, advising appellants 

that the Court would consider and decide those issues that did not require a reporter’s 
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record for a decision. See TEX. R. APP. P. 37.3(c). Appellants’ briefs were due to 

be filed on February 4, 2021.

Appellant, Wesley T. Fortune, filed a pro se brief on February 8, 2021. The 

reporter’s record was filed on March 1, 2021. Appellees Precision Building 

Systems, Inc., Erwin Weeks Crawford IV, and Ashley Crawford, who are 

represented by counsel, filed a brief on March 24, 2021. Appellee United Structures 

of America, Inc., also represented by counsel, filed a brief on March 24, 2021. On 

April 19, 2021, appellant Shawn Nyahay filed a pro se brief.

Appellant, BDTP, LLC, as well as other appellants, Shawn Nyahay and 

Wesley T. Fortune, were represented by counsel until October 2020 when counsel 

withdrew. Although Nyahay and Fortune may continue pro se, “[e]xcept for the 

performance of ministerial tasks, corporations may appear and be represented only 

by a licensed attorney.” MHL Homebuilder LLC v. Dabal/Graphic Resource, No. 

14–05–00295–CV, 2005 WL 1404475, at *1 (Tex. App.—Houston [14th Dist.] June 

16, 2005, no pet.) (per curiam) (mem. op.) (citing Kunstoplast of Am., Inc. v. 

Formosa Plastics Corp., USA, 937 S.W.2d 455, 456 (Tex. 1996)). 

Accordingly, on March 30, 2021, this Court issued an order advising appellant 

BDTP that it could appear in this Court only if represented by counsel and granting 

BDTP additional time to hire counsel. The Court advised BDTP that the appeal 
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might be dismissed unless BDTP responded within 20 days, or by April 19, 2021. 

No counsel appeared for BDTP.

On April 19, 2021, BDTP filed a motion for extension of time to hire counsel. 

Appellee, United Structures, opposed this motion and asked that we deny it and 

dismiss the appeal. Because the Court could not consider a motion filed by BDTP 

without counsel, we denied the motion, but the Court on its own motion granted 

BDTP additional time to hire counsel. The Court stated that the appeal might be 

dismissed unless appellant filed a response indicating that counsel had been obtained 

by May 12, 2021. No response has been received and no counsel has made an 

appearance on BDTP’s behalf.

The appeal of BDTP, Inc. is dismissed. See TEX. R. APP. P. 42.3. The appeal 

of appellants Shawn Nyahay and Wesley T. Fortune will continue. Appellee United 

Structures filed an amended brief on June 1, 2021. Accordingly, United Structure’s 

pending motion for extension of time to file its brief is dismissed as moot. Appellees

Precision Building Systems, Erwin Weeks Crawford IV, and Ashley Crawford have

filed two motions for extension of time to file an amended brief. We grant those 

motions and extend the deadline for those appellees to file its amended brief to June 

30, 2021.

This interlocutory order will become final when a judgment is issued in this 

cause number.
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It is so ORDERED.

PER CURIAM

Panel consists of Justices Goodman, Hightower, and Rivas-Molloy.