Opinion
NO. 01-19-00894-CV
04-27-2021
IN RE CATHERINE MURRAH MOLLOY, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
In this original proceeding, relator Catherine Murrah Molloy challenges the trial court's denial of her request to schedule a hearing on her Formal Bill of Exception. We dismiss the petition.
In a related appeal, relator's counsel filed a motion to lift the abatement and to allow the appeal to proceed after the death of a party. Relator's counsel, who had previously filed a motion to withdraw, is now attempting to appear as a party and is represented by counsel. Counsel states in this motion that relator took her own life on or about August 27, 2020.
The underlying case is In the Interest of H.A.F. and C.P.F., Children, cause number 2018-67151, pending in the 257th District Court of Harris County, Texas, the Honorable Sandra Peake, presiding.
Molloy has four proceedings pending in this Court, including two appeals and two original proceedings. In June 2020, real party in interest, Kevin Alan Fletcher, filed a motion to show authority, alleging that Molloy had informed Fletcher that she no longer wished to prosecute her appeal in case number 01-19-00840-CV, but that her attorney, Frank Powell, refused to follow her instructions. This Court issued an order, abating the appeal in 01-19-00840-CV and remanding to the trial court, directing the trial court to hold a hearing and prepare findings of fact and conclusions of law.
These include cases 01-19-00621-CV, In re Molloy; 01-19-00840-CV, Molloy v. Fletcher; 01-19-00894-CV, In re Molloy; 01-20-00322-CV, Molloy v. Fletcher. This Court issued an opinion in 01-19-00621-CV on August 11, 2020.
On September 9, 2020, the trial court clerk filed a supplemental clerk's record in case number 01-19-00840-CV, containing the trial court's findings and conclusions. The trial court noted that it held five full-day hearings to fully develop and address the issues raised. The trial court concluded that Molloy's attorney, Frank C. Powell and his firm, Evans & Molloy, did not have authority to represent Molloy and has not had authority to represent her since September 21, 2019. The trial court further found that Powell and his firm committed numerous acts of sanctionable conduct, in addition to acting without authority, and recommended imposition of sanctions against Powell and his firm of $491,582.72.
Concerning this mandamus proceeding, the trial court determined that Molloy "clearly and unequivocally desires" this cause, as well as her other three pending causes, to be dismissed. The trial court further concluded that all documents filed by Powell and his firm on Molloy's behalf, including the mandamus petition filed in this cause, should be struck in accordance with Texas Rule of Civil Procedure 12 and the mandamus petition should be dismissed. Based on these findings and conclusions by the trial court, Fletcher has filed a motion for sanctions, motion to adopt the trial court's recommendations, and motion to dismiss this proceeding.
We grant Fletcher's motion to dismiss. In light of the trial court's continuing jurisdiction, the trial court may conduct any necessary post-judgment proceedings, including imposition of sanctions consistent with its previously-prepared findings of fact and conclusions of law.
We dismiss this proceeding. Any pending motions, other than the motion to dismiss, are dismissed as moot.
In late September, Julie A. Ketterman, counsel for Molloy's former counsel, Frank Powell, filed a motion to lift the abatement and allow the appeal to proceed, advising the Court that Molloy died on August 27, 2020, asking this Court to deny Fletcher's motion to dismiss and to reinstate the case on the active docket. Although Ketterman has filed a notice of appearance as counsel for Frank Powell, Powell is not a party to this appeal. In this case, Frank Powell continues to be shown as counsel for Molloy, but he filed a motion to withdraw from representation of Molloy, which is dismissed as moot by this opinion. --------
PER CURIAM Panel consists of Justices Kelly, Landau, and Hightower.