219 S.W.3d 620 (Tex.App. - Dallas 2007), 05-06-00992, In re A Purported Lien or Claim against Taylor

• Citation: 219 S.W.3d 620
• Docket Number: 05-06-00992-CV.
• Date: 10 April 2007
• Parties: In re A PURPORTED LIEN OR CLAIM AGAINST Collin County Clerk Brenda TAYLOR.
• Court: Texas Court of Appeals

Page 620

219 S.W.3d 620 (Tex.App.—Dallas 2007)

In re A PURPORTED LIEN OR CLAIM AGAINST Collin County Clerk Brenda TAYLOR.

No. 05-06-00992-CV.

Court of Appeals of Texas, Fifth District, Dallas.

April 10, 2007

On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-2217-06

Richard J. Florance, Richardson, pro se.

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Robert J. Davis, Matthew, Carlton, Stein, Shiels, Pearce & Knott, Dallas, for Appellee.

Before Justices FITZGERALD, RICHTER, FRANCIS.

OPINION

KERRY P. FITZGERALD, JUSTICE

The trial court found Richard John Florance, Jr.'s "Florance's First Notice of Lien" fraudulent, as defined by section 51.901(c) of the government code, in its "Judicial Findings of Fact and Conclusions of Law Regarding a Document Purporting to Create a Lien." Representing himself, Florance appeals that decision. We affirm the trial court's findings of fact and conclusions of law.

Brenda Taylor is the Collin County Clerk. On December 15, 2005, Florance filed "Florance's First Notice of Lien" in the Collin County records. It referred to cause number 001- 1412-05 in County Court at Law No. 1, styled Amanda Florance, a minor, and Richard John Florance, Jr., next friend v. State of Texas, a federal corporation. In that case, Florance sought mandamus relief and a declaratory judgment challenging the Plano Municipal Court's jurisdiction over his daughter's class C misdemeanor citation for being a minor in possession of alcohol. See In re A.F., a minor, No. 05-05-01435-CV, 2006 WL 1728035 (Tex. App.-Dallas June 13, 2006, orig. proceeding [mand. denied]), cert. denied, — U.S. ------, 127 S.Ct. 1326, 167 L.Ed.2d 79 (2007). Florance sought to appeal the county court's decision in that case.

Florance states in his brief that he requested the Collin County Clerk to prepare the clerk's record. Florance initially refused to pay the $129 fee; however, he paid the fee on December 15, 2005, when faced with dismissal of his appeal for want of prosecution. ¹On December 15, 2005, as noted above, Florance filed "Florance's First Notice of Lien," purporting to create a lien for $129 against Taylor on "all property and property interests whether found in or beyond this state, whether real, personal or intangible, in which you have any right, title or interest, as security for payment of this claim."

On December 22, 2005, Taylor's counsel sent Florance a certified letter, return receipt requested, putting Florance "on notice" that the filing of "Florance's First Notice of Lien" was "illegal" and referring to sections 51.901(c), 51.902, and 51.903 of the government code. In addition, counsel advised Florance that "it may also be a criminal offense to file a fraudulent Lien or Claim," referring to section 32.49 of the penal code. Counsel requested Florance to withdraw "Florance's First Notice of Lien" or, as provided by section 32.49, within twenty-one days of the receipt of the letter, execute a release of "Florance's First Notice of Lien." See Tex. Pen. Code Ann. § 32.49(a)(2) (Vernon 2003). Counsel also stated that, absent the withdrawal or release, he would "seek all legal recourses available to the County Clerk ...." The return receipt shows the December 22 letter was delivered on December 23, 2005, and that Amanda Florance signed for it.

On April 6, 2006, Florance filed "Florance's Withdrawal of Notice of Lien." Subsequently, pursuant to section 51.903, Taylor filed her "Motion for Judicial Review of Documentation or Instrument Purporting to Create a Lien or Claim" in the 401st Judicial District Court. After hearing

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the motion, the trial court signed its findings of fact and conclusions of law.

Six days after the hearing, Florance filed with the district clerk "Florance's Verified Bill of Exceptions and Notice of Appeal." In this document, Florance states, "The first Notice that I received that this matter even existed is the 'final order.' I specifically assert my...