in Re Southwood Place Recreation Association Inc. and Keysha Booker ( 2015 )


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  •                                                                                                ACCEPTED
    01-15-00198-CV
    FIRST COURT OF APPEALS
    HOUSTON, TEXAS
    3/4/2015 12:14:45 PM
    CHRISTOPHER PRINE
    CLERK
    01-15-00198-CV
    NO.
    FILED IN
    1st COURT OF APPEALS
    HOUSTON, TEXAS
    In the Court of Appeals for the First or Fourteenth       3/4/2015
    District     12:14:45 PM
    of Texas
    CHRISTOPHER A. PRINE
    Clerk
    In Re Southwood Place Recreation Association Inc. and Keysha Booker.
    Original Proceeding from the 190th Judicial District Court,
    Harris County, Texas, Trial Court Cause No. 2013-47353,
    the Honorable Patricia Kerrigan, Presiding Judge
    RELATORS’ EMERGENCY MOTION FOR TEMPORARY RELIEF
    TO THE HONORABLE FIRST OR FOURTEENTH COURT OF APPEALS:
    Pursuant to Texas Rule of Appellate Procedure 52.10, Southwood Place Recreation
    Association Inc. (SPRA) and Keysha Booker, Relators, file this Emergency Motion For
    Temporary Relief to accompany their Petition for Writ of Mandamus, and in support
    of this motion would show the Court as follows:
    1.    The underlying action is currently set for trial on the two week trial docket
    beginning March 16, 2015. The trial court granted Real Parties In Interest’ plea
    to jurisdiction on the unauthorized practice of law claims with respect to the
    SPRA, even though the jurisdiction of the Unauthorized Practice of Law
    Page 1
    Committee is nonexclusive, In Re Nolo Press/Folk Law, Inc., 991 S.W.2d
    768,773 (Tex. 1999) (orig. proceeding). Furthermore, the trial court is forcing
    the unauthorized practice of law claim to trial with Attorney Keysha Booker as
    the only complainant and without the party who suffered the harm.
    2.     As a result, the trial court committed a clear abuse of discretion, as it made a
    prejudicial error of law leaving the SPRA without a remedy, since once the claim goes
    to trial, the SPRA, even if granted relief, will be barred by res judicata and collateral
    estoppel from trying the claim as it will already have been finally litigated. Cont'l
    Casing Corp. v. Siderca Corp., 38 S.W.3d 782,792 (Tex. App. Houston 14th Dist.
    2001, no pet.); Richards v. Comm'n for Lawyer Discipline, 35 S.W.3d 243,249 (Tex.
    App. Houston 14th Dist. 2000, no pet.). Moreover, any remedy obtained in the trial
    court belongs to and can only be enforced by Attorney Keysha Booker. “[M]andamus
    relief is appropriate when a trial court clearly abuses its discretion and there is no
    adequate remedy by appeal. In re Prudential Ins. Co. of Am., 
    148 S.W.3d 124
    , 135-36
    (Tex.2004) (orig. proceeding).
    WHEREFORE, Relators, respectfully requests that this Court grant temporary
    relief by issuing an order staying the trial of this case until this Court resolves the issue
    raised in this Petition for Writ of Mandamus. Relators requests any other relief to which
    they may be entitled.
    Page 2
    Respectfully Submitted By:
    /s/ Tamika Harris
    Tamika C. Harris Esq.
    Attorney and Counselor at Law
    Texas Bar No. 24002235
    P.O. BOX 690064
    Houston, Texas 77269-0064
    Phone: (281) 440-4976
    Fax: (281) 440-1327
    Email: tharris.harrislaw@sbcglobal.net
    COUNSEL FOR RELATORS
    CERTIFICATE OF CONFERENCE
    I certify that on March 4, 2015, I conferred with Real Parties in Interest’s counsel
    regarding the merits of this motion and that the Real Parties in Interest indicated it is
    opposed.
    /s/ Tamika Harris
    Tamika C. Harris Esq.
    CERTIFICATE OF COMPLIANCE
    I certify that a copy of this motion will be faxed to Real Parties in Interest’s
    counsel immediately after the motion is filed.
    /s/ Tamika Harris
    Tamika C. Harris Esq.
    Page 3
    CERTIFICATE OF SERVICE
    I certify that on March 4, 2015, a true and correct copy of this motion was served
    on Respondent and all counsel of record in accordance with the Texas Rules of
    Appellate Procedure.
    /s/ Tamika Harris
    Tamika C. Harris Esq.
    Page 4
    

Document Info

Docket Number: 01-15-00198-CV

Filed Date: 3/4/2015

Precedential Status: Precedential

Modified Date: 9/29/2016