K&K Enterprises, LLC, Gary Kelley, Cheryl Kelley and Henry Kelley v. Preston Parker Crossing, Ltd.

Docket: 05-22-00909-CV

Court: Court of Appeals of Texas; November 6, 2022; Texas; State Appellate Court

Original Court Document: View Document

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Order entered on November 7, 2022, in the Court of Appeals Fifth District of Texas at Dallas, involving K&K Enterprises, LLC, Gary Kelley, Cheryl Kelley, and Henry Kelley as appellants against Preston Parker Crossing, Ltd. as appellee, from the County Court at Law No. 3, Collin County, Texas.

John Thomas Haughton’s motion to withdraw as counsel for the appellants was considered. The motion states that K&K Enterprises, LLC has been involuntarily terminated by the Secretary of State due to lack of a registered agent, and that Gary, Cheryl, and Henry Kelley are believed to be temporarily residing in Costa Rica. Haughton emailed the motion to Gary and Cheryl Kelley, both members of K&K Enterprises.

The court granted the motion to withdraw, directing the Clerk to remove Haughton as counsel. Future communications with appellants are to be directed to Gary and Cheryl Kelley at specified addresses and emails. 

K&K Enterprises must notify the court by December 7, 2022, of their new counsel’s details, as a business entity can only be represented by a licensed attorney. Failure to do so may result in dismissal of the appeal.

The deadline for filing the clerk’s record has been suspended pending payment of the record fee. The deadline to provide written verification of this payment has been extended to December 19, 2022. The court warns that failure to file this verification by the deadline may lead to dismissal of the appeal without further notice. 

The Clerk of the Court is instructed to send copies of all communications with the appellants via regular and electronic mail.