Willms v. Americas Tire Co., Inc.
| Decision Date | 28 March 2006 |
| Docket Number | No. 05-05-00591-CV.,05-05-00591-CV. |
| Citation | 190 S.W.3d 796 |
| Parties | Mr. and Mrs. Melvin WILLMS, Appellants, v. AMERICAS TIRE CO., INC., Fred Wilson d/b/a Americas Automotive and Tire Co., and The State of Texas, Appellees. |
| Court | Texas Court of Appeals |
Melvin Willms, Grand Prairie, pro se.
Ronald W. Roberts, Grand Prairie, Greg Abbott, Attorney Gen. of Texas, Austin, for Appellee.
Before Justices RICHTER, LANG, and MAZZANT.
Pro se appellants, Mr. and Mrs. Melvin Willms,1 appeal from several orders entered by the district court in favor of appellees, Americas Tire Co., Inc., Fred Wilson d/b/a Americas Automotive, and the State of Texas. The Willmses specify sixty-two points on appeal, but condense them into five broad issues that claim the district court erred when it: (1) adjudicated them vexatious litigants; (2) granted summary judgment in favor of Americas Tire and Wilson; (3) granted the State's plea to the jurisdiction; (4) denied the Willmses' motion for new trial; and (5) denied the Willmses' request for a jury trial.
We conclude the district court did not err when it: (1) adjudicated the Willmses vexatious litigants; (2) granted summary judgment in favor of Americas Tire and Wilson; (3) granted the State's plea to the jurisdiction; (4) denied the Willmses' motion for a new trial; and (5) denied the Willmses' request for a jury trial. The district court's judgment is affirmed.
This case allegedly arises from the improper repair of the engine in the Willmses' 1984 Chrysler automobile in 1996. The Willmses filed their first lawsuit relating to this matter in a justice of the peace court on August 23, 1996. In that lawsuit, the Willmses sued Wilson alleging damage to their car as a result of poor workmanship. After a trial, that court entered a take nothing judgment against the Willmses. The Willmses filed three post-trial petitions and the case was transferred because the justice of the peace recused himself. The case was retried before the second justice of the peace court which also denied the Willmses recovery on their claim. The Willmses appealed to the county court at law, but the appeal was dismissed.
On June 7, 2000, Mr. Willms sued Wilson alleging breach of contract. Wilson filed a motion to dismiss with prejudice and a request for sanctions. The justice of the peace court entered a take nothing judgment against Mr. Willms on December 8, 2000. Mr. Willms appealed to the county court at law, but, again, his appeal was dismissed.
On June 26, 2002, in the district court, the Willmses filed the underlying lawsuit against Americas Tire, Wilson, and the Dallas County Court at Law alleging criminal fraud, fraud on the court, attempted theft, theft, negligence, and gross negligence. Americas Tire and Wilson filed a general denial, asserted the affirmative defenses of res judicata and collateral estoppel, and requested the district court to declare the Willmses vexatious litigants and to impose sanctions against them.
On November 8, 2002, Americas Tire and Wilson filed a motion for the district court to determine the Willmses vexatious litigants. On December 19, 2002, the district court held a hearing and on January 13, 2003, the district court signed an order that determined the Willmses vexatious litigants, found they were repeatedly suing the same parties over the same controversies and were unlikely to prevail in the litigation, and required the Willmses to post a bond in the amount of $2,500 in order for the current litigation to proceed.
On May 1, 2003, Americas Tire and Wilson filed a motion requesting traditional summary judgment on their affirmative defenses or no-evidence summary judgment on the Willmses' claims. Also, Americas Tire and Wilson requested the imposition of sanctions and, based on the district court's earlier determination that the Willmses were vexatious litigants, an order prohibiting them from filing, in propria persona, any new litigation. On July 16, 2003, the district court entered an order that: (1) granted summary judgment in favor of Americas Tire and Wilson and dismissed the Willmses' claims against them; (2) determined, again, the Willmses are vexatious litigants and enjoined them from filing lawsuits in Dallas County, Texas without the approval of the local administrative judge; and (3) denied Americas Tire's and Wilson's request for the imposition of sanctions.
On August 4, 2003, the Willmses filed a motion for new trial requesting the district court to set aside the summary judgment in favor of Americas Tire and Wilson. However, it does not appear the district court ruled on this motion. On August 12, 2003, the Willmses filed an amended original petition that added: (1) Jimmy Wilson as a party2; (2) the State of Texas as a party, claiming the State was liable for the actions of elected state judges and that various judges "stole" from them when they imposed sanctions against them in previous litigation; and (3) a claim of aggravated perjury against Americas Tire. The State filed a plea to the jurisdiction on January 20, 2005. The district court entered an order granting the State's plea to the jurisdiction, dismissing the Willmses' claim against the State, and stated "This case is final" because the Willmses' claims against the Dallas County Court of Law had previously been dismissed.
On March 4, 2005, the Willmses filed a request for findings of fact and conclusions of law with respect to the district court's orders determining them vexatious litigants and the district court's order granting summary judgment. On March 24, 2005, the Willmses filed a motion for new trial requesting the district court to set aside its order granting summary judgment in favor of Americas Tire and Wilson and its order granting the State's plea to the jurisdiction. On March 31, 2005, the Willmses filed notice of past due findings of fact and conclusions of law. The district court denied the Willmses' motion for new trial on April 4, 2005. Also, the district court signed an order denying the Willmses' request for findings of fact and conclusions of law on April 26, 2005.
Between September 25, 2003 and April 4, 2005, the Willmses filed six supplemental amended petitions. The Willmses' sixth supplemental amended original petition was filed after the district court denied the Willmses motion for new trial.
In their first broad issue, the Willmses argue the district court erred when it adjudicated them vexatious litigants. The first broad issue is based on seven points raised by the Willmses: (1) Americas Tire committed fraud seventeen times in its motion; (2) the district court's determination that they are vexatious litigants was "not based on evidence" because the order states the district court considered the pleadings and motions on file, and arguments; (3) the district court admitted only five of their sixty-five exhibits; (4) the "[district] court was negligent in challenging [A]mericas [Tire's] pleadings, motions and arguments"; (5) the findings of fact and conclusions of law requested by the Willmses will show they are not vexatious litigants; (6) the past due findings of fact and conclusions of law will reveal which party is telling the truth; and (7) the appeal should be abated until the district court enters its findings of fact and conclusions of law. Only subpoints two, five, six, and seven allege error. The errors claimed in the three other subpoints raised under the Willmses' first broad issue are not legal issues. Rather, they are merely argument. As such, these three subpoints do not direct this Court's attention to any specific error on which the Willmses base their first broad issue and there is nothing to address. See TEX.R.APP. P. 38.1(e).
In subpoints five, six, and seven, the Willmses claim they are entitled to findings of fact and conclusions of law, which they argue will reveal they are not vexatious litigants and the party that is telling the truth. Americas Tire and Wilson respond that the Willmses are not entitled to findings of fact and conclusions of law.
In any case tried in the district court without a jury, any party may request the court to state in writing its findings of fact and conclusions of law. See TEX.R. CIV. P. 296. The request must be filed within twenty days after the judgment is signed. See id. The purpose of rule 296 is to give a party the right to findings of fact and conclusions of law following a conventional bench trial on the merits. See IKB Indus. (Nigeria) Ltd. v. Pro-Line Corp., 938 S.W.2d 440, 442 (Tex. 1997). In other situations, findings and conclusions are proper, but a party is not entitled to them because: (1) they are often unnecessary; (2) requiring them in every case would unduly burden the trial courts; and (2) appellate courts are not obliged to give them the same level of deference. Id.
A trial court's failure to respond to a timely request for findings of fact and conclusions of law is error and is presumed harmful unless the record before the appellate court affirmatively shows that the complaining party has suffered no harm. Cherne Indus., Inc. v. Magallanes, 763 S.W.2d 768, 772 (Tex.1989); Larry F. Smith, Inc. v. The Weber Corp., 110 S.W.3d 611, 614 (Tex.App.-Dallas 2003, pet. denied). The general rule is that an appellant has been harmed if, under the circumstances of the case, he has to guess at the reason the trial court ruled against him. See Larry F. Smith, 110 S.W.3d at 614; Sheldon Pollack Corp. v. Pioneer Concrete, 765 S.W.2d 843, 845 (Tex.App.-Dallas 1989, writ denied). Recitations in the judgment do not meet the requirements for findings and conclusions or alleviate harm. See FDIC v. Morris, 782 S.W.2d 521, 523-24 (Tex.App.-Dallas 19...
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