Frederick L. Nicholas v. Environmental Systems (International) Limited, Brian G. Cook, Reif Winery Inc. (c.O.B. as Reif Estate Winery), Klaus Reif and Re/Defining Water Inc.

499 S.W.3d 888, 2016 Tex. App. LEXIS 7889, 2016 WL 4035915
Court of Appeals of Texas·Decided July 26, 2016·No. NO. 14-15-00403-CV·Published·Cited by 25 cases

Opinions

OPINION

Ken Wise, Justice

This case involves a pro se judgment debtor’s appeal of the trial court’s recognition of a Canadian money judgment obtained by the judgment creditors. On appeal, the debtor contends that the trial court erred by denying his motion to show authority filed against the creditors’ attorney, filing incomplete and inadequate findings of fact, and recognizing the judgment. We affirm.

Factual Background

In December 2011, attorney James T. Fletcher filed an affidavit requesting recognition and enforcement of an attached Canadian money judgment under the Uniform Foreign Country Money-Judgment Recognition Act (the “Act”) in the 56th District Court of Galveston County. See Tex. Civ. Prac. & Rem. Code §§ 36.001-.008. The judgment, dated December 1, 2010, awards attorney’s fees and costs to Environmental Systems (International) Limited, Brian G. Cook, Re/Defining Water Inc., Klaus Reif, and Reif Winery Inc. (C.O.B. as “Reif Estate Winery”) in a lawsuit brought by Frederick L. Nicholas in the Federal Court of Toronto, Ontario.1

In August 2014, Fletcher filed a notice of partial non-suit on behalf of ESIL, Cook, and RDWI.2 Shortly after that, Nicholas filed a motion to show authority under Rule 12 of the Texas Rules of Civil Procedure, challenging Fletcher’s authority to act on behalf of ESIL, Cook, and RDWI. Nicholas did not challenge Fletcher’s authority to act on behalf of Klaus Reif or Reif Winery.

Fletcher filed a response, arguing that it was not necessary to prove his authority to act on behalf of ESIL, Cook, and RDWI because they had nonsuited their action and were no longer parties. Fletcher also attached an affidavit of Klaus Reif, on behalf of himself and as President and Chief Executive Officer of Reif Winery, in [893]*893which he averred that Fletcher was authorized to act as an attorney for him and Reif Winery in the matter. After a hear-, ing, the trial court denied Nicholas’s motion to show authority.

In September 2014, Nicholas moved for nonrecognition of the judgment. In the motion, Nicholas argued, among other things, that the Canadian judgment was not properly authenticated and was procured through fraud. A bench trial was held on January 23, 2015. Nicholas asserted additional grounds for nonrecognition at trial.

On February 4, 2015, the trial court signed a judgment in favor of Klaus Reif and Reif Winery recognizing the Canadian judgment. The trial court’s judgment authorized Klaus Reif and Reif Winery to enforce the Canadian judgment in Texas insofar as it granted a judgment to Klaus Reif and Reif Winery against Nicholas “in the amount of $143,091.59 together with disbursements of $7,028 for a total of $150,119.59 (Canadian)” to each, plus their court costs.3

Nicholas timely requested findings and fact and conclusions of law, and gave notice that the requested findings and conclusions were past due. On May 25, 2015, the trial court filed findings of fact and conclusions of law. Among other things, the trial court found that ESIL, Cook, and RDWI had nonsuited their actions; Klaus Reif and Reif Winery remained as plaintiffs in the lawsuit for purposes of registration, recognition, and enforcement of a foreign judgment; Klaus Reif and Reif Winery did not obtain their judgment against Nicholas by fraud; the judgment in their favor was valid and final; the judgment satisfied all filing and notice requirements of the Act and was entitled to recognition, registration, and enforcement in Texas; and Nicholas failed to present any credible evidence of his asserted defenses under the Act. The trial court also rendered conclusions of law in support of the relief it awarded to the Reif parties.

Nicholas requested amended findings of fact and conclusions of law, which the trial court refused. This appeal followed.

Analysis op Nicholas’s Issues

On appeal, Nicholas raises six issues, some with multiple sub-issues: (1) the trial court erred by denying Nicholas’s motion to show authority against attorney Fletcher; (2) the trial court’s findings of fact and conclusions of law were incomplete and inadequate such that they caused him harm; (3) the trial court erred in recognizing the Canadian judgment because Fletcher’s affidavit does not comply with the Act’s statutory requirement that the affidavit list the “last known post office” addresses of the judgment creditors; (4) the judgment lacks finality, conclusiveness, and enforceability, because it is not signed by the Canadian judge who presided over the proceeding; (5) the judgment was not [894]*894properly authenticated; and (6) the judgment was procured by fraud. We will first address Nicholas’s second issue concerning the trial court’s findings of fact and conclusions of law. We will then address- the motion to show authority and Nicholas’s challenges to the trial court’s judgment.

I. The Trial Court’s Findings of Fact and Conclusions of Law

In his second issue, Nicholas argues that the trial court’s findings and conclusions were inadequate and incomplete because “there are no explicit findings of fact and the findings appear to be attempts at conclusions of law, without reference to any underlying ultimate facts” and “there aré no substantive conclusions of law.” As a result, Nicholas maintains, he has been harmed because he must guess at the trial court’s reasons for granting the judgment, which requires him to file a lengthier and more complicated appellate brief in an attempt to cover all potential bases for the judgment. Nicholas requests that this Court abate the appeal, order the trial court to make “appropriate” findings and conclusions, and grant Nicholas leave to amend his appellate brief in response to the amended findings and conclusions.

When properly requested, the trial court has a mandatory duty to file findings of fact and conclusions of law. Cherne Indus., Inc. v. Magallanes, 763 S.W.2d 768, 770 (Tex.1989). The primary purpose for findings of fact is to assist the losing party in narrowing his issues on appeal by ascertaining the true basis for the trial court’s decision. See Rush v. Barrios, 56 S.W.3d 88, 96 (Tex.App.-Houston [14th Dist.] 2001, pet. denied) (noting that “it is advantageous to the appellant to narrow the issues on appeal by requesting findings of fact and conclusions of law”); Vickery v. Comm’n for Lawyer Discipline, 5 S.W.3d 241, 255 (Tex.App.-Houston [14th Dist.] 1999, pet. denied) (same).

A party may request additional or amended findings of fact and conclusions of law if the party believes that the court’s findings and conclusions are deficient in some way. See Tex. R. Civ. P.' 298; If a party requests additional findings and conclusions, the request “should sharpen, not obfuscate, the issues for appeal.” Vickery, 5 S.W.3d at 255. The trial court “has no duty [to] make additional or amended findings that, are unnecessary or contrary to its judgment; a trial court is only required. to make additional findings and conclusions that are appropriate.” Vickery, 5 S.W.3d at 254.

A trial court’s refusal to make findings of fact does not require reversal if the record before the appellate court affirmatively shows that the complaining party suffered no harm. See Tenery v. Tenery,

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Frederick L. Nicholas v. Environmental Systems (International) Limited, Brian G. Cook, Reif Winery Inc. (c.O.B. as Reif Estate Winery), Klaus Reif and Re/Defining Water Inc., 499 S.W.3d 888, 2016 Tex. App. LEXIS 7889, 2016 WL 4035915 (Tex. Ct. App. 2016).

499 S.W.3d 888 (Frederick L. Nicholas v. Environmental Systems (International) Limited, Brian G. Cook, Reif Winery Inc. (c.O.B. as Reif Estate Winery), Klaus Reif and Re/Defining Water Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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