Opinion
01-23-00331-CV
07-11-2023
Elizabeth Thomas, James Allen, Allan Haye, Robert Thomas, and James Andersen v. PCF Properties in TX, LLC
Trial court: 80th District Court of Harris County Trial court case number: 2020-35780
ORDER
JULIE COUNTISS JUDGE
Appellants, Elizabeth Thomas, James Allen, Allan Haye, Robert Thomas, and James Andersen (collectively, "appellants"), have filed notices of appeal from the trial court's April 19, 2023 summary-judgment order. In the short time since the notices of appeal have been filed, appellants have filed numerous motions and other documents, many with unclear legal bases.
Above is not a complete list of the large number of motions and documents appellants have filed in this case since May 2023. Many of these motions and documents concern the name of appellee. On June 22, 2023, this Court issued an order correcting the style of the case in this appeal, but this has only resulted in additional filings. We remind the parties that "[v]arious rules and statutes imbue courts with authority to sanction attorneys for professional lapses of one kind or another with or without bad faith." Brewer v. Lennox Hearth Prods, LLC, 601 S.W.3d 704, 717-18 (Tex. 2020). And "[c]ourts also possess inherent powers that aid the exercise of their jurisdiction, facilitate the administration of justice, and preserve the independence and integrity of the judicial system." Id. at 718. "A court's inherent authority includes the power to discipline an attorney's behavior." Id. (internal quotations omitted.) Although inherent powers are to be used sparingly, "a court's inherent power to sanction exists to the extent necessary to deter, alleviate, and counteract bad faith abuse of the judicial process." Id. (internal quotations omitted.); see also TEX. DISCIPLINARY RULES PROF'L CONDUCT (stating minimum standards of conduct that attorneys should adhere to). The Court will not entertain anymore pre-brief filings, especially those not contemplated by the Texas Rules of Appellate Procedure, that seek to litigate the name of appellee. See Vortt Expl. Co. v. EOG Res. Inc., No. 11-07-00159-CV, 2009 WL 1522661, at *2 (Tex. App.- Eastland May 29, 2009, no pet.) (mem. op.) ("An appellate court has the inherent power to control its own docket."). To the extent that the name of appellee is relevant to an issue appellants seek to raise in this appeal, it may be addressed in appellants' briefs. See TEX. R. APP. P. 38.1, 38.6(a).
On June 5, 2023, appellants filed a "Joint Emergency Motion for Temporary Relief under Rule 29.3 and to Expedite Appeal." After appellee, PCF Properties in TX, LLC, responded, appellants filed a "Joint Notice/Motion to Dismiss There [sic] Motion for Emergency Temporary Relief under Rule 29.[3] as the Issues are Now Moot," which this Court granted on June 20, 2023.
On June 13, 2023, appellants filed a "Joint Motion to Dismiss Appeal for Lack of Jurisdiction." Appellee responded, and on June 29, 2023, this Court ordered that appellants' "Joint Motion to Dismiss Appeal for Lack of Jurisdiction" would be carried with the case.
On June 20, 2023, appellants filed a "Joint Motion to Dismiss/Strike All Motions, Responses and Pleadings Filed by Non-Party P.C.F. Properties in Texas, LLC, as this Entity is not Designated as the Appellee," asserting that P.C.F. Properties in TX, LLC is not the same entity as PCF Properties in TX, LLC. Appellee responded.
On June 22, 2023, this Court granted appellee's "Motion to Correct Style of Case," and ordered that this appeal be restyled in accord with the trial court's April 19, 2023 summary-judgment order, as follows: Elizabeth Thomas, James Allen, Allan Haye, Robert Thomas, and James Andersen v. PCF Properties in TX, LLC. See Owens v. Handyside, 341 S.W.3d 172, 175 n.1 (Tex. App.-Houston [1st Dist.] 2015, pet. denied); Strobel v. Marlow, 341 S.W.3d 470, 471 n.1 (Tex. App.-Dallas 2011, no pet.) (look at "the order's body" to determine appellate case style).
On June 30, 2023, appellants filed a "Joint Motion to Stay Appeal Pending Clarification as to Who is the Designated Appellee and the Courts [sic] Jurisdiction Over Non-Parties to This Appeal." Appellee responded.
On July 3, 2023, appellants filed in this Court, amended notices of appeal, asserting that "PCF Properties in Texas LLC., is not the same entity as P.C.F. Properties IN TX, LLC." (Emphasis omitted.)
On July 5, 2023, appellants filed a "Joint Motion for Rehearing on June 22, 2023 Order and Granting Non-Party P.C.F. Properties in TX, LLC[], as the Appellee when in fact They [sic] are [sic] not the Appellees [sic] to this Appeal and Motion to Strike the Responses Filed by said Non-Party." In its response, appellee noted that appellee is the correct entity being sued, and thus, appellants' failure to name appellee correctly is merely a misnomer. See In re Greater Houston Orthopaedic Specialists, Inc., 295 S.W.3d 323, 325 (Tex. 2009) ("A misnomer occurs when a party misnames itself or another party, but the correct parties are involved."); see also Chen v. Breckenridge Estates Homeowners Ass'n, 227 S.W.3d 419, 420 (Tex. App.-Dallas 2007, no pet.) ("A misnomer does not invalidate a judgment as between parties where the record and judgment together point out, with certainty, the person and subject matter to be bound.").
On July 10, 2023, appellants filed a "Joint Notice of Change of Service Information" for appellee, apparently based on its repeated complaints about the naming of appellee in the instant appeal.
On July 10, 2023, appellants filed a "Joint Notice for the Record to Reflect that the Appellee(s) PCF Properties in Texas LLC[] has not Filed a Response in Opposition to the Motion Seeking a Stay," apparently based on their repeated complaints about the naming of appellee in the instant appeal.
Also, on July 10, 2023, appellants filed a "Joint Objection and to Strike Non-Party P.C.F. Properties in TX, Filing of a Response to Appellants['] Motion for a Stay by Fraudulently Posing as the Appellee when in fact They are not the Appellee to this Appeal," requesting that the Court "[s]tay this [a]ppeal," "strike all motion[s], responses and pleading[s] filed by Non-Party P.C.F. Properties IN TX., LLC., and issue a [sic] order prohibiting John V. Burger and the [sic] Barry &Sewart PLLC., from filing any further pleadings."
Appellants' June 20, 2023 "Joint Motion to Dismiss/Strike All Motions, Responses and Pleadings Filed by Non-Party P.C.F. Properties in Texas, LLC, as this Entity is not Designated as the Appellee" is denied.
Appellants' June 30, 2023 "Joint Motion to Stay Appeal Pending Clarification as to Who is the Designated Appellee and the Courts [sic] Jurisdiction Over Non-Parties to This Appeal" is denied.
Appellants' July 5, 2023 "Joint Motion for Rehearing on June 22, 2023 Order and Granting Non-Party P.C.F. Properties in TX, LLC[], as the Appellee when in fact They [sic] are [sic] not the Appellees [sic] to this Appeal and Motion to Strike the Responses Filed by said Non-Party" is denied.
Appellants' July 10, 2023 "Joint Objection and to Strike Non-Party P.C.F. Properties in TX, Filing of a Response to Appellants['] Motion for a Stay by Fraudulently Posing as the Appellee when in fact They are not the Appellee to this Appeal" is denied.
Appellants' July 10, 2023 "Joint Notice of Change of Service Information" for appellee and July 10, 2023 "Joint Notice for the Record to Reflect that the Appellee(s) PCF Properties in Texas LLC[] has not Filed a Response in Opposition to the Motion Seeking a Stay" are hereby stricken.
It is so ORDERED.