Full Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-26-00469-CV ___________________________ VISCOUNT DAVID CAHAL OF IR EXPRESS TRUST AND VICTORIA O’BRIEN, IN HER LAWFUL CAPACITY AS TRUSTEE, Appellants V. ROCKET MORTGAGE LLC D/B/A ROCKET LOANS, Appellee On Appeal from the 67th District Court Tarrant County, Texas Trial Court No. 67-373797-26 Before Sudderth, C.J.; Kerr and Walker, JJ. Memorandum Opinion by Justice Walker MEMORANDUM OPINION Appellant Victoria O’Brien, acting pro se, attempts to appeal the trial court’s “Order Granting Rocket Mortgage, LLC’s Plea to the Jurisdiction.” O’Brien filed the pro se notice of appeal on behalf of Appellant Viscount David Cahal of Ir Express Trust and on behalf of herself “in her lawful capacity as Trustee.” But a trust cannot appear in court through a trustee or other representative of the trust who is not a licensed attorney. See Lorie Bernice Sharpe Tr. v. Phung, 622 S.W.3d 929, 929–30 (Tex. App.—Austin 2021, no pet.). And a trustee may not appear pro se in her representative capacity as a trustee of a trust.1 Id. at 929; see In re Guetersloh, 326 S.W.3d 737, 739–40 (Tex. App.—Amarillo 2010, orig. proceeding) (holding that trustee may not appear pro se in representative capacity as trustee of trust). Our records reflect that O’Brien is not an attorney. We sent O’Brien a letter informing her that we had received a copy of her notice of appeal and notifying her of our concern that she could not appear pro se in her representative capacity as a trustee of the trust because she is not an attorney. We warned O’Brien that this appeal could be dismissed unless an attorney filed a notice of appearance for appellants with this court by August 13, 2026. See Tex. R. App. 1 We note that Rule 7 of the Texas Rules of Civil Procedure permits a person to represent herself pro se only to litigate rights on her own behalf—not to litigate rights in a representative capacity. See Tex. R. Civ. P. 7; Kaminetzky v. Newman, No. 01-10- 01113-CV, 2011 WL 6938536, at *2 (Tex. App.—Houston [1st Dist.] Dec. 29, 2011, no pet.) (concluding appellant could not represent pro se two corporate defendants as assignee of corporations). 2 P. 42.3(b), (c). O’Brien filed a response, but it does not show grounds for continuing the appeal.2 And no attorney has filed a notice of appearance or an amended notice of appeal. Accordingly, because O’Brien—a nonattorney trustee—cannot represent Viscount David Cahal of Ir Express Trust, and no attorney has filed a notice of appearance or an amended notice of appeal, we dismiss this appeal. See Tex. R. App. P. 42.3(b), (c). /s/ Brian Walker Brian Walker Justice Delivered: September 1, 2026 2 O’Brien argues that the “terms of Viscount David Cahal of Ir Express Trust do not mandate representation from a licensed attorney in any court in the state of Texas.” But Texas law—irrespective of the trust’s terms—permits only a licensed attorney to represent other parties. See Tex. Gov’t Code §§ 81.101–.102 (prohibiting practice of law in Texas unless person is member of state bar); id. §§ 83.001–.006 (prohibiting unlicensed persons from practicing law without a license); see also 1 Fox 2 Prods., LLC v. Mercedes-Benz USA, LLC, No. 03-20-00101-CV, 2021 WL 81865, at *4 (Tex. App.—Austin Jan. 7, 2021, no pet.) (dismissing corporate appellant’s issues raised in brief because LLC’s owner could not represent entity pro se); Jimison v. Mann, 957 S.W.2d 860, 861 (Tex. App.—Amarillo 1997, order) (striking documents filed by layperson having no authority to file them on behalf of another). The Texas Legislature has defined the practice of law to include, among other things, “the preparation of a pleading or other document incident to an action.” Tex. Gov’t Code § 81.101(a). Consequently, if a nonattorney files documents on behalf of a trust in an appeal, this amounts to the unauthorized practice of law. See Guetersloh, 326 S.W.3d at 740 (concluding nonattorney’s appearance in trial court on behalf of trust amounted to unauthorized practice of law). 3