Harris v. Showcase Chevrolet

231 S.W.3d 559, 2007 Tex. App. LEXIS 6524, 2007 WL 2325866
Court of Appeals of Texas·Decided August 16, 2007·No. 05-06-00355-CV·Published·Cited by 60 cases

Opinion

OPINION

Opinion by

Justice BRIDGES.

Kenneth L. Harris appeals the trial court’s summary judgment in favor of Showcase Chevrolet on Harris’ race and age discrimination claims. In three issues, Harris argues the trial court erred in entering summary judgment against him, the evidence is legally and factually insufficient to support the judgment, and the trial court abused its discretion in striking his appendix in support of his response to Showcase’s motion for summary judgment. We affirm the trial court’s judgment.

On June 30, 2003, Harris applied for a sales position at Showcase and was interviewed by employee development manager Toni Anselmo and director of employee retention, Randy Woehl. Harris’ resume showed he had only one prior automotive sales position for ninety days at Lute Riley Honda. Woehl asked Harris about his work experience at Lute Riley Honda. Harris said he had not liked the way his manager at Lute Riley had been treating people, and they had “agreed to disagree.” Harris completed a series of questions on a computer at Showcase, and Woehl told Harris they would be in touch with Harris shortly concerning a hiring decision. Because of Harris’ single, ninety-day job as an automotive salesman and the unclear reasons why he left after only ninety days, Woehl did not consider Harris a qualified candidate for a new car sales position at Showcase. On July 7, 2003, Harris received a letter from Showcase saying he would not be hired. On May 5, 2004, Harris filed a charge of discrimination against Showcase with the Texas Workforce Commission civil rights division (the *561 Commission) alleging Showcase denied him employment on or about September 1, 2003. In his original petition, filed November 12, 2004, Harris alleged he received a letter on July 7, 2003 informing him that he would not be hired, and when Showcase did not contact him, he filed a complaint with the Texas Commission on Human Rights. Showcase filed a motion for summary judgment which the trial court granted on February 16, 2006. This appeal followed.

In his first issue, Harris argues the trial court erred in granting Showcase’s motion for summary judgment. In his second issue, Harris complains the evidence is legally and factually insufficient to support the trial court’s summary judgment. In reviewing the trial court’s decision to grant summary judgment, we apply well-known standards. See Nixon v. Mr. Prop. Mgmt. Co., 690 S.W.2d 546, 548-49 (Tex.1985). An appellate court reviewing a summary judgment must consider whether reasonable and fair-minded jurors could differ in their conclusions in light of all the evidence presented. See Wal-Mart Stores, Inc. v. Spates, 186 S.W.3d 566, 568 (Tex.2006); City of Keller v. Wilson, 168 S.W.3d 802, 822-24 (Tex.2005). There is only one standard for reviewing a summary judgment: a reviewing court must examine the entire record in the light most favorable to the nonmovant, indulging every reasonable inference and resolving any doubts against the motion. City of Keller, 168 S.W.3d at 824. Reviewing courts do not disregard the evidence supporting the motion; if they did, all summary judgments would be reversed. Id. at 824-25.

A person claiming to be aggrieved by an unlawful employment practice must file a complaint with the Commission not later than the 180th day after the date the alleged unlawful employment practice occurred. Tex. Lab.Code Ann. § 21.202(a) (Vernon 2006). Failure to comply with this requirement is a failure to exhaust administrative remedies and deprives the court of subject-matter jurisdiction. Schroeder v. Texas Iron Works, Inc., 813 S.W.2d 483, 488 (Tex.1991); Vincent v. W. Tex. State Univ., 895 S.W.2d 469, 473 (Tex.App.-Amarillo 1995, no writ). Here, even taking as true that Showcase somehow denied Harris employment on September 1, 2003, Harris did not file his complaint with the Commission until May 5, 2004. Because Harris’ complaint was filed well outside the 180-day time for filing, the trial court did not err in granting Showcase’s motion for summary judgment on the ground that Harris failed to exhaust administrative remedies. See Nixon, 690 S.W.2d at 548-49; Schroeder, 813 S.W.2d at 488.

In his third issue, Harris argues the trial court erred in granting Showcase’s motion to strike Harris’ response to Showcase’s motion for summary judgment and his appendix in support of his response. We note that Harris has chosen to represent himself pro se at trial and on appeal. We construe liberally pro se pleadings and briefs; however, we hold pro se litigants to the same standards as licensed attorneys and require them to comply with applicable laws and rules of procedure. Mansfield State Bank v. Cohn, 573 S.W.2d 181, 184-85 (Tex.1978). To do otherwise would give a pro se litigant an unfair advantage over a litigant who is represented by counsel. Shull v. United Parcel Serv., 4 S.W.3d 46, 53 (Tex.App.-San Antonio 1999, pet. denied).

Free access — add to your briefcase to read the full text and ask questions with AI

Harris v. Showcase Chevrolet, 231 S.W.3d 559, 2007 Tex. App. LEXIS 6524, 2007 WL 2325866 (Tex. Ct. App. 2007).

231 S.W.3d 559 (Harris v. Showcase Chevrolet) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Marley Aaron Barker v. Pine Tree I.S.D.
Court of Appeals of Texas, 2024
Ryan Gallagher v. Collin County
Court of Appeals of Texas, 2021
Dr. Michael Tyurin v. Capital One, N.A.
Court of Appeals of Texas, 2017
in the Interest of J.C.
Court of Appeals of Texas, 2016
James F. Roth v. JPMorgan Chase Bank, N. A.
439 S.W.3d 508 (Court of Appeals of Texas, 2014)
Serrano v. Francis Properties I, Ltd.
411 S.W.3d 661 (Court of Appeals of Texas, 2013)
Green v. Midland Mortgage Co.
342 S.W.3d 686 (Court of Appeals of Texas, 2011)