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Huang v. Chang

Court of Appeals of Texas, Fourth District, San Antonio
Nov 23, 2021
No. 04-20-00129-CV (Tex. App. Nov. 23, 2021)

Opinion

04-20-00129-CV

11-23-2021

Guangcun HUANG, Appellant v. Linman CHANG, Appellee


From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2017-CI-12481 Honorable Peter Sakai, Judge Presiding.

Siting: Patricia O. Alvarez, Justice, Beth Watkins, Justice Lori I. Valenzuela, Justice.

ORDER

PER CURIAM

On October 30, 2021, appellant filed a "First Amended Emergency Motion for Sanctioning and Immediate Recusal of Each and for All Three Justices on the Panel in this Case." By order issued November 2, 2021, the en banc court denied appellant's motion to recuse the panel. The remaining, unresolved portion of appellant's motion sought sanctions against appellee because her motion to enter-and request for a hearing on that motion-was premature since the court of appeals had not yet issued a mandate in this case.

On November 2, 2021, we ordered appellee to respond to appellant's request for sanctions. Appellee filed her response on November 12, 2021. In her response, appellee "request[ed] that this Court allow the Motion to Enter be set for hearing." She also requested an award of attorney's fees. On November 12, 2021, appellant replied to appellee's response, and his reply also requested an award of attorney's fees.

After consideration, we find that appellee's motion to enter was premature. We have not yet issued our mandate in this case. See Tex. R. App. P. 18. Our plenary power over this case deprives the trial court from taking any action in this case until our plenary power expires. See Tex. R. App. P. 19; Saudi v. Brieven, 176 S.W.3d 108, 114 (Tex. App-Houston [1st Dist] 2004, pet. denied) ("Generally speaking, and with certain exceptions inapplicable here, once an appeal has been perfected and the trial court's plenary power to perform certain acts after appeal has expired, the appellate court acquires exclusive plenary jurisdiction over the cause.").

Therefore, appellee's request to permit further proceedings in the trial court is DENIED

While appellee's filings below were premature, we conclude appellee did not undertake them in bad faith or for an improper purpose. See Tex. R. Civ. P. 13; Tex. Civ. Prac. & Rem. Code Ann. § 10.004. Therefore, appellant's request for sanctions is DENIED.

Finally, both parties' requests for attorney's fees are DENIED.

It is so ORDERED.


Summaries of

Huang v. Chang

Court of Appeals of Texas, Fourth District, San Antonio
Nov 23, 2021
No. 04-20-00129-CV (Tex. App. Nov. 23, 2021)
Case details for

Huang v. Chang

Case Details

Full title:Guangcun HUANG, Appellant v. Linman CHANG, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Nov 23, 2021

Citations

No. 04-20-00129-CV (Tex. App. Nov. 23, 2021)