Merritt v. Davis
331 S.W.3d 857
| Tex. App. | 2011Background
- Merritt sued Davis under Chapter 12 for allegedly filing a fraudulent lien.
- Trial court granted Davis summary judgment; Merritt appeals affirmance.
- The basis centers on a sanctions order in the Vance case, which Merritt contends renders the abstract of judgment a fraudulent lien.
- Davis sought sanctions; several hearings occurred; Merritt was designated a vexatious litigant and barred from filing without preapproval.
- The court held Rule 18a does not apply to justice courts; the Vance judgment was not void; sanctions and fees were proper.
- The court affirmed the trial court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the summary judgment proper as to the fraudulent lien claim? | Merritt argues lien is void due to void sanctions order. | Davis contends lien was legal and properly filed. | Yes; summary judgment affirmed. |
| Were the attorney’s-fee sanctions and costs proper? | Merritt challenges the fee award against him. | Davis-supported sanctions awarded to Collin County; lawful. | Yes; sanctions upheld. |
| Was Merritt properly declared a vexatious litigant? | Merritt claims lack of hearing and notice. | Hearing conducted; notice given; sanction valid. | Yes; declaration upheld. |
| Did the trial judges abuse discretion in recusal/disqualification rulings? | Merritt asserts denial of recusal/disqualification. | Judges properly denied; Rule 18a not applicable in justice court. | No; rulings not abusive. |
| Does the void-judgment theory render the abstract of judgment a fraudulent lien? | Abstract rests on void judgment due to Rule 18a issue. | Rule 18a inapplicable; judgment not void. | No; theory rejected. |
Key Cases Cited
- Preston v. Gate, LP v. Bukaty, 248 S.W.3d 892 (Tex.App.-Dallas 2008) (fraudulent-lien elements under Texas law)
- Crowder v. Franks, 870 S.W.2d 568 (Tex.App.-Houston [1st Dist.] 1993) (Rule 528 exclusive recusal mechanism in justice court)
- Meyers v. Belford, 550 S.W.2d 359 (Tex.Civ.App.-El Paso 1977) (appeal prerequisites to county courtrequirement)
- Most Worshipful Prince Hall Grand Lodge v. Jackson, 732 S.W.2d 407 (Tex.App.-Dallas 1987) (mere violations of Code of Judicial Conduct not reversible error)
- Kemp v. State, 846 S.W.2d 289 (Tex.Crim.App.1992) (code of judicial conduct guidance, not automatic reversible error)