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Simmons, Jannace & Stagg, L.L.P. v. Buzbee Law Firm

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Dismissed and Opinion filed September 30, 2010

OPINION

This is an appeal from a judgment signed July 24, 2009. The record reflects appellant, Simmons, Jannace & Stagg, L.L.P., is attempting to appear pro se. The law firm of Simmons, Jannace & Stagg, L.L.P., may not proceed pro se. “Corporations and partnerships, both of which are fictional legal persons, obviously cannot appear for themselves personally…. [T]hey must be represented by counsel.” Southwest Express Co. v. Interstate Commerce Comm’n, 670 F.2d 53, 54 (5th Cir. 1982) (per curiam) (interpreting 28 U.S.C. § 1654); accord Rowland v. California Men’s Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 201-02 (1993); see also Tex. Bus. Orgs. Code Ann. § 152.056 (Vernon Pamphlet 2009) (“A partnership is an entity distinct from its partners.”); Dell Dev. Corp. v. Best Indus. Uniform Supply Co., Inc., 743 S.W.2d 302 (Tex. App.–Houston [14th Dist.] 1987, writ denied) (analogizing Tex. R. Civ. P. 7 to 28 U.S.C. § 1654).

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