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Bluebook
Lowell Merritt v. James Andrews, (Tex. Ct. App. 2015).
Opinion
CAUSE No. 06-15-00047-CV RECEIVED IN 1718 si^DisfrSt6 Court of Appeals AUG 1 9 2015 Sixth Appellate District State Of Texas Texarkana, Texas Debra Autrey, CierK Bl-State Justice Building 100 North State Line Avenue #20 Texarkana, Texas 75501
Lowell Merritt / Appellant v.
James Andrews and Robert Davis Appellee(s)
Both Parties Recorded an Invalid Document in Deed Records to Cloud Title To Mr. Merritt's Real Property Located in Waco, McLennan County.
Cause No. 2015-2602-4 Filed in the 170th District Court-Transferred to 19th District Court Final Orders were based on an Order made void by Texas Case Law
Appeal From Final Order Issued By Honorable Judge Ralph Stother in the 19th DISTRICT COURT McLennan County Courthouse 501 Washington Ave., Suite 303 Waco, Texas 76701 Phone: (254) 757-5081Fax: (254) 759-5683
All Attempts to obtain Court Reporters Transcript have Failed
(i) Identity of the Parties Involved
Lowell Merritt / Appellant /pro se Contact Info for Mr. Lowell Merritt 2470 E. Stone Rd. Wylie, TX. 75098 Ph: 214-779-5430 E-Mail: knightl55@excite.com vs.
James Andrews / Appelle / pro se Contact Info for Mr. James Andrews 122 Touchstone Road Wylie, TX. 75098 and Phone Number and E-Mail are Unknown
Robert Davis / Appellee / pro se Contact Info for Mr. Robert Davis (he is Representing Himself 8131LBJFrwy. Suite 700 Pro se is not allowed to collect Dallas, TX. 75215 attorney Fees) Ph. 972-234-3400 FAX 972-234-1750 E-Mail: BDavis@mssattorneys.com
Court Issuing Final Order Dismissing Litigation
Honorable Judge Ralph Stother 19th DISTRICT COURT McLennan County Courthouse 501 Washington Ave., Suite 303 Waco, Texas 76701 Phone: (254) 757-5081 Fax: (254) 759-5683
(ii) TABLE OF CONTENTS
Content Page
Cover Page (i)
Identity Of Parties (ii)
Table of Contents (iii)
Index of Authorities (iii), (iv), (v)
Oral Argument... none requested 1
Statement of Jurisdiction 1
Statement of Case 1
Statement of Facts 1
Argument 2 -12
Summary Of Argument 12
Prayer 13
Certificate Of Service 14
Appendix 15.16
Final Order 17
EXHIBITS after Final Order
(iii) INDEX OF AUTHORITIES
Statutes & Codes Page
Tex.R.App.P Rule 17.2 1
Civ.Prac.&Rem.Code Ch. 12 Sec. 12.002 1,4,8
Civ.Prac.&Rem.Code Ch. 12 Sec. 12.003 13
Civ.Prac.&Rem.Code Ch. 15. Sec. 15.011 2,11
Penal Code Sec. 32.49 1,4
Rule 18a Recusal 10
Gov.CodeChapter 27 Justice Courts Sec. 27.055(b) (recusal defined) 5
Gov. Code Chapter 82 Sec. 82.061 and Sec. 82.062 12
State v. Riewe, 13 S.W.3d 408, 413-14 (Tex.Cr.-App.2000) 3
Seberv. Glass, 258 S.W.2d. 122, 124 (Tex, 1958) 2
Tex.Ass'n offius. v. Tex.AirControl Bd. 852 S.W.2d 440,445(Tex.l993)...3
Tex. S. Ct. in Bridgmen vs. Moore, 143, Tex. 250, 183 S.W.2d Page 707..12
Youngblood v. Wilson & Cureton, 321 S.W.2d (Tex 1959) 11
(v) ORAL ARGUMENT NOT REQUESTED
POINTS OF ERROR (1) Texas Courts are simply not at liberty to ignore Texas Case Law that voids Orders issued and res judicata does not apply to Adjudication by Courts that lack subject matter jurisdiction.
Statement of jurisdiction
Texas Rules Of Appellant of Procedure... Rule 17.2 gives the 6th District C.O.A. the same Subject Matter Jurisdiction as the 10th District C.O.A.
STA TEMENT OF THE CASE
Merritt v. Andrews filed 06/26/15 in 170th Dist. Ct. in McLennan County For Recording Invalid Document dated (March 2008) in Deed Records to
Cloud Title to Mr. Merritt's real property located in McLennan County
violated Tex.Civ.Prac.&Rem.Code Chapter 12 Sec. 12.002 combination
Civil and Criminal violation of State Law...Civil Violation for Recording it
and Criminal Penal Code Sec. 32.49 Class A Misdemeanor for not removing
it Mr. Davis was added to this suit...since he was never tried in a Proper
Court... for violating Tex.Civ.Prac.&Rem.Code Chapter 12 Sec. 12.002.
STA TEMENT OF FACTS
Judge Strother in the 19th Dist. Ct. in Waco, TX. "Dismissed My Litigation" based on an Order he received without a Motion urging action... included
Vexatious Litigant papers issued by 380th Dist. Ct. in Collin Co... .assumed
Collin County was a "proper court"...he dismissed my statutes & case laws. ARGUMENT
Merritt v. Davis Lawsuit was originally instituted in McLennan County
04/07/ 2009 assigned this to 74th District Juvenile Court Judge Coley ..Bench Trial Set with FIAT Signed Exhibit (AA page 3 of 3) Subject
Matter Topic "Mr. Merritt's real property located in McLennan County
Clouded by Invalid Document Recorded in Deed Records by Mr. Davis"
Texas District Courts
Texas district courts are courts of general jurisdiction and are presumed to
have subject matter jurisdiction over all matters unless the Texas
Constitution or Statute confers Exclusive Jurisdiction elsewhere.
Civ.Prac.&Rem.Code Chapter 15 MANDATORY VENUE
Sec. 15.011. LAND. Actions for recovery of real property shall be broughtin the
county in which all or a part of the real property is located... (and the only real property
owned by Mr. Merritt was real property located in Waco, McLennan County Texas.)
19th Dist. Ct. Judge Strother in Waco signed an Order that did not have a Motion urging action to be taken... caused his order to be defective per
writ refd. n.r.e.) (judgment order in case where there were no live pleadings
and thus no cause of action against whichjudgment could be granted was a
nullity and of no effect); Seber v. Glass, 258_S.W.2d_122, 124 (Tex.Civ.
App.-Fort Worth 1958, no writ) (No Pending pleading causes the trial court to be without jurisdiction and purported order was void). Where
there is no pleading, there can be no judgment. Cunningham v. Parkdale
Bank,660 S.W.2d 813(Tex.l983)
Free access — add to your briefcase to read the full text and ask questions with AI
CAUSE No. 06-15-00047-CV RECEIVED IN 1718 si^DisfrSt6 Court of Appeals AUG 1 9 2015 Sixth Appellate District State Of Texas Texarkana, Texas Debra Autrey, CierK Bl-State Justice Building 100 North State Line Avenue #20 Texarkana, Texas 75501
Lowell Merritt / Appellant v.
James Andrews and Robert Davis Appellee(s)
Both Parties Recorded an Invalid Document in Deed Records to Cloud Title To Mr. Merritt's Real Property Located in Waco, McLennan County.
Cause No. 2015-2602-4 Filed in the 170th District Court-Transferred to 19th District Court Final Orders were based on an Order made void by Texas Case Law
Appeal From Final Order Issued By Honorable Judge Ralph Stother in the 19th DISTRICT COURT McLennan County Courthouse 501 Washington Ave., Suite 303 Waco, Texas 76701 Phone: (254) 757-5081Fax: (254) 759-5683
All Attempts to obtain Court Reporters Transcript have Failed
(i) Identity of the Parties Involved
Lowell Merritt / Appellant /pro se Contact Info for Mr. Lowell Merritt 2470 E. Stone Rd. Wylie, TX. 75098 Ph: 214-779-5430 E-Mail: knightl55@excite.com vs.
James Andrews / Appelle / pro se Contact Info for Mr. James Andrews 122 Touchstone Road Wylie, TX. 75098 and Phone Number and E-Mail are Unknown
Robert Davis / Appellee / pro se Contact Info for Mr. Robert Davis (he is Representing Himself 8131LBJFrwy. Suite 700 Pro se is not allowed to collect Dallas, TX. 75215 attorney Fees) Ph. 972-234-3400 FAX 972-234-1750 E-Mail: BDavis@mssattorneys.com
Court Issuing Final Order Dismissing Litigation
Honorable Judge Ralph Stother 19th DISTRICT COURT McLennan County Courthouse 501 Washington Ave., Suite 303 Waco, Texas 76701 Phone: (254) 757-5081 Fax: (254) 759-5683
(ii) TABLE OF CONTENTS
Content Page
Cover Page (i)
Identity Of Parties (ii)
Table of Contents (iii)
Index of Authorities (iii), (iv), (v)
Oral Argument... none requested 1
Statement of Jurisdiction 1
Statement of Case 1
Statement of Facts 1
Argument 2 -12
Summary Of Argument 12
Prayer 13
Certificate Of Service 14
Appendix 15.16
Final Order 17
EXHIBITS after Final Order
(iii) INDEX OF AUTHORITIES
Statutes & Codes Page
Tex.R.App.P Rule 17.2 1
Civ.Prac.&Rem.Code Ch. 12 Sec. 12.002 1,4,8
Civ.Prac.&Rem.Code Ch. 12 Sec. 12.003 13
Civ.Prac.&Rem.Code Ch. 15. Sec. 15.011 2,11
Penal Code Sec. 32.49 1,4
Rule 18a Recusal 10
Gov.CodeChapter 27 Justice Courts Sec. 27.055(b) (recusal defined) 5
Gov. Code Chapter 82 Sec. 82.061 and Sec. 82.062 12
State v. Riewe, 13 S.W.3d 408, 413-14 (Tex.Cr.-App.2000) 3
Seberv. Glass, 258 S.W.2d. 122, 124 (Tex, 1958) 2
Tex.Ass'n offius. v. Tex.AirControl Bd. 852 S.W.2d 440,445(Tex.l993)...3
Tex. S. Ct. in Bridgmen vs. Moore, 143, Tex. 250, 183 S.W.2d Page 707..12
Youngblood v. Wilson & Cureton, 321 S.W.2d (Tex 1959) 11
(v) ORAL ARGUMENT NOT REQUESTED
POINTS OF ERROR (1) Texas Courts are simply not at liberty to ignore Texas Case Law that voids Orders issued and res judicata does not apply to Adjudication by Courts that lack subject matter jurisdiction.
Statement of jurisdiction
Texas Rules Of Appellant of Procedure... Rule 17.2 gives the 6th District C.O.A. the same Subject Matter Jurisdiction as the 10th District C.O.A.
STA TEMENT OF THE CASE
Merritt v. Andrews filed 06/26/15 in 170th Dist. Ct. in McLennan County For Recording Invalid Document dated (March 2008) in Deed Records to
Cloud Title to Mr. Merritt's real property located in McLennan County
violated Tex.Civ.Prac.&Rem.Code Chapter 12 Sec. 12.002 combination
Civil and Criminal violation of State Law...Civil Violation for Recording it
and Criminal Penal Code Sec. 32.49 Class A Misdemeanor for not removing
it Mr. Davis was added to this suit...since he was never tried in a Proper
Court... for violating Tex.Civ.Prac.&Rem.Code Chapter 12 Sec. 12.002.
STA TEMENT OF FACTS
Judge Strother in the 19th Dist. Ct. in Waco, TX. "Dismissed My Litigation" based on an Order he received without a Motion urging action... included
Vexatious Litigant papers issued by 380th Dist. Ct. in Collin Co... .assumed
Collin County was a "proper court"...he dismissed my statutes & case laws. ARGUMENT
Merritt v. Davis Lawsuit was originally instituted in McLennan County
04/07/ 2009 assigned this to 74th District Juvenile Court Judge Coley ..Bench Trial Set with FIAT Signed Exhibit (AA page 3 of 3) Subject
Matter Topic "Mr. Merritt's real property located in McLennan County
Clouded by Invalid Document Recorded in Deed Records by Mr. Davis"
Texas District Courts
Texas district courts are courts of general jurisdiction and are presumed to
have subject matter jurisdiction over all matters unless the Texas
Constitution or Statute confers Exclusive Jurisdiction elsewhere.
Civ.Prac.&Rem.Code Chapter 15 MANDATORY VENUE
Sec. 15.011. LAND. Actions for recovery of real property shall be broughtin the
county in which all or a part of the real property is located... (and the only real property
owned by Mr. Merritt was real property located in Waco, McLennan County Texas.)
19th Dist. Ct. Judge Strother in Waco signed an Order that did not have a Motion urging action to be taken... caused his order to be defective per
AND....The $h Dist Court OfAppeals could only dismiss and remand Case back to McLennan County...because Texas Case Law states... Appeals court
has no jurisdiction over a void judgment or order per Nabejas v. Tex. Dep't
ofPub. Safety, 972 S. W.2d 875, 876 (Tex.App.-Corpus Christi 1998).
MOTION TO TRANSFER VENUE
Mr. Davis files Motion to Transfer Venue right after he sees a Bench Trial
has been signed off on to hear this Case in McLennan County...so to keep from being held accountable in a PROPER COURT...Mr. Davis inserts
FALSE Statements in his Brief stating Sec. 15.013 Prevails..Exhibit (A )
(this is an Injunction Statute)... and Merritt v. Davis was for a Civ.Prac.&
Rem.Code Chapter 12 Sec. 12.002 Violation...Civil for Recording it &
Criminal Penal Code Sec 32.49 violation... for not removing it.
PAST TO PRESENT HISTORY OF EVENTS
Back in 2007.. I was told my neighbor Mr. James Andrews was being cited
for Health and Safety Code Violations by Collin County Authorities ... and
for some reason he thought I was the one reporting this... so... out of spite
and retaliation... and Files A False Report To Collin Coimty Sherriff Office
saying me and my dog had been causing him trouble for at least 15 months
... LONG STORY SHORT... I lost this in JP Court because Judge Douglas
ALLOWED Mr. Andrews, Mr. Slayton and Sgt Vance TO NOT
ANSWER MY QUESTIONS ... .to remedy this... I did the following:
FIRST...I Appealed this Verdict to a "Criminal Court" in Collin County.
SECOND...I Filed THREE Separate Lawsuits For The Following
Violations: CV-09-47 Mr. Andrews Filing a False Report, CV-08-48 Mr.
Slayton, Perjury and CV-08-49 Sgt. Vance, Failing To Provide Equal
Protection Of The Law... All Lawsuits said the same verbiage of.. "Answer
My Questions in Wylie JP Court and I will drop my lawsuit" THIRD...I DID NOT WANT JP Ct. Judge Douglas to preside over this
Because in the Criminal Case he ALLOWED PEOPLE TO NOTANSWER
MY QUESTIONS... and Caused me to lose and have to Appeal this to
County Court... and I wanted ANOTHER JUDGE... after calling three
different Administrative Judicial Courts... all stated they had come out and
replaced Justice of Peace Judges... and Government Code Chapter 27 that
was specifically written for Justice of Peace Courts had Section 27.055(b)
and used the word recusal and defined this as Inability to Perform Official
duties... and the first Rule under Tex.R.Civ,P was Rule 523 District Rules
Govern... and there was no Recusal there... so I read the verbiage the
verbiage in Rule 18a and it stated may be used in "any" court and did not
exclude JP Courts... so I file a Rule 18a Recusal Motion with the JP Court
Office and was File Stamped Jan 7th 2008... On Jan 30th 2008. .Judge Douglas walks into the Courtroom and says "No one is going to be able to Speak or Object To Anything Today and the
Recusal Motion does not apply to me"... then had the Bailiff pass out
Sanctions without listing a "specific conduct" being violated.
GOVERNMENT CODE CHAPTER 27 JUSTICE COURTS Sec.27.055(b) If a justice is temporarily unable to perform official duties because of absence, recusal, illness, injury, or other disability, the county judge may appoint a qualified person to serve as temporary justice for the duration of the disability. JP Ct. Judge Douglas did not contact Commissioners Court and refused
to follow Guidelines in the Gov. Code and or Rule 18a... Continued to
(Tex.App.-Beaumont 1995, no writ), if a trial court fails to comply with the
strictures in Rule 18a, all actions taken thereafter are void.
JP Ct. Sanction Orders Were Appealed to County Court
I have to back up a bit... When I let Judge Douglas know he did not have
authority to Issue Orders...he set ANOTHER Hearing for (March 19th 2008) where... he bumped up the Dollar Amount of Sanctions then I appealed mis.
Appeal This To County Court In McKinnev Texas
I hand carried my Appeal Brief over to County intake desk in McKinney
Texas where the Clerks wanted a few thing done ... which was to put the
name of each person under the CV Numbers... Appeal being Made Due To
What Court's Actions... so I hand wrote with Arrow pointing to "Due To JP
Ct. Judge Douglas Precinct 2 Collin County" and Gave them the MY
Affidavit and two Page initial Brief that was File Stamped March 27the
2008 being 9 Days after JP Court Verdict was Issued..and the Clerks gave
My Appeal Cause No. 1-798-2008 which I found out was later signed by
Judge Corinne A Mason ... then I filed THREE Separate Briefs that ALL
stated the same thing EXCEPT had a Different Name on it., were all file stamped April 11th 2008 Motion To Appeal Rulings where I listed Names and Council along with Contact Information of the Front Page and let Judge
Mason know JP Court Judge Douglas refused to abide by his Recusal.
HERE'S WHAT HAPPENED
The Defense Council did not file anything in County Court... and the Court
Coordinator said there were no Names or Address to send out Notice... SEE
Exhibits (B) 1st & 2nd Pages; "Motion to Appeal Rulings" Exhibit (C ) with Notification of Appeal by FAX Exhibit (D ) ...Everyone's Name and
Address & Council Name was in "My Motion To Appeal"...yet County
Judge DWOP the case Exhibit (E)... was not such a bad thing because
Case Texas Case Law says the following... "It is well-settled that
[Perfection of an appeal to county court from a justice court nullifies the
judgment of the justice of peace court" per Mullins v. Coussons, 745 S.W.2d
50, 51 (Tex.App.-Houston [Nth Dist] 1987, no writ); Poole v. Goode, 442
S. W.2d810, 812 (Tex.Civ.App.-Houston [Nth Dist] 1969, writ refd, Once
a county court acquires jurisdiction by perfection of an n.r.e.). appeal from
justice court, the rules of procedure permit only that the county court to try it
or dismiss it per Hall v. McKee, 179 S. W. 2d 590, 593 (Tex.App. -Fort Worth
1944). And Cramer v. State Farm Mutual Auto Ins. Co. (Tex.App.- Houston
[1st Dist] Nov 6, 2007) the justice court's judgment to the county court is de novo and a justice court's determination of fact or law "is not res judicata
and does not constitute the basis for estoppel by judgment in a county court.
Mr. Davis Records The JP Court Order Anyway
I find this out by total accident that Mr. Davis recorded this in Collin and
McLennan County... yet... the only real property I owned was located in
McLennan County... I FAXED Mr. Davis a Letter demanding him to remove
it and he saidthe JP Court Judgments Traveled Underlying with the Appeal..
County Court DWOP... reinstates Justice Courts Orders... yet I knew he
waswrong.so I filed My Lawsuit known as Merritt v. Davis for Violation
of Civ.Prac.&RemCode Chapter 12 Section 12.002...Recording an Invalid
Document to Cloud Title to my real property in McLennan County ... and
filed this in "County Court" in both Collin & McLennan ... and Quickly
Withdrew and Re-Filed this in District Courts in Collin & McLennan
County the same day...but after carefully reading Statutory Laws...
.. -Action for this must be taken in a PROPER COURT... defined as one that
had Mandatory Venue and is why I initiated ACTION in the 74th District
Court in McLennan County asking for a BENCH TRIAL and got the FIAT
signed to hear this 06/10/2009 EXHIBIT (AA Page 3 of 3)...Mr. Davis filed
a MOTION To Transfer Venue listed reasons for Transfer of case on Page 4
of his BriefEXHIBIT (A)... and case of Merritt v. Davis was erroneously transferred to 380th District Court in Collin County... where Judge Wooten DENIED My Motion to remand the Case back to where Mandatory Venue
lies in McLennan County... sua sponte a Vexatious Litigant Order... and
after bouncing this around in Collin County for years... was a total waste of
time because NO COURT IN COLLIN COUNTY had Mandatory
Venue and Lacked Subject Matter Jurisdiction...
Then recently I found my neighbor James Andrews Recorded JP Ct.
Order issued in (March 2008) in (2013) after he found out... I had a Heart
Attack... So I sent him a Letter demanding him to remove this or I will file a
Lawsuit in a Proper Court for his Violation ofLaw... and on June 26th 2015 filed my Lawsuit in the 170th District Court in Waco given Cause No. 2015- 2602-4 then this got transferred to 19th District Court due to an ORDER being sent to Collin County WITHOUT A MOTION urging Action To be
taken and No Notice or Service to anyone... after this... I added Mr. Davis
to this Lawsuit since he has never been held accountable in a proper court.
HISTORICAL EVENTS IN CIVIL AND CRIMINAL COURTS
(1) I WON in CIVIL COURT on May 5th 2008 DUE TO [Perfection of
Appeal nullified Judge Douglas' Orders AND the DWOP was the Final
Verdict settling all claims...SEE Court's Register of Actions Exhibit (E)
(2) I WON in CRIMINAL COURT.. on June 11th 2008 because the Judge Stated "You Will Answer All Questions"... Verdict Not Guilty by stating
There was not one scintilla of evidence to support Mr. Andrews claims
MR. DAVIS RECORDS JP Ct. Orders KNOWING
(1) Judge Douglas did not act on his Recusal...Orders were void by Texas
Case Law Brosseau v. Ranzau, 911S. W.2d890 (Tex.App.-Beaumont 1995,
no writ), if a trial court fails to comply with the strictures in Rule 18a, all
actions taken thereafter are void...(Statute of limitations to review this has
expired) and is moot since [Perfection of Appeal nullifies JP Ct. orders.
(2) JP Ct Orders were Appealed to County Court via Cause #1-789-2008
[Perfection of Appeal Nullified JP Court Orders and DWOP was the Final
Verdict dismissing disputes of both sides.
(3) "Error of a filing clerk" is what caused Judge Douglas to be listed as a
Defendant in "Court Register of Actions"... not me.
Merritt v. Davis was transferred to Collin County in 2009
Judge Wooten of the 380th District Court in Collin County sua sponte Vexatious Litigant Order... yet was prohibited by Texas Case Law... (In re
Marriage ofGrossnickle, 115 S.W. 3d238,252 (Tex.App.-Texarkana 2003)
(stating the vexatious litigant statute only applies when a section 11.051 is
filed within ninety day after the date on which the defendant files his or her
original answer)... and Mr. Davis admits he did not... see Exhibit (F)
10 The Art of Deception...Blatant lies...and Half Truths
In Court to On April 2014... Mr. Davis Knowingly and Intentionally
LIES to the Court to HIDE his Larceny ... saying (1) Both McLennan &
Collin County had Mandatory Venue... (2) The suit was against him but
relief sought is against Collin County for issuing the Vexatious Litigant...
(3) Mr. Davis also changed his Story by saying he Transferred Venue up to
Collin County based on Mandatory Venue ofwhere Defendant Lives....
(4) Said he was representing a Client for Collin County... (ALL FALSE as
Follows: (l)..McLennan County only one to have Mandatory Venue via
CPRC Ch. 15 Sec 15.011..(2)..ReJief is "Removal of invalid Document"...
Vexatious Litigant Order is already void per TEXAS CASE... (3)..In 2009
Mandatory Venue Sec. 15.013 prevails in 2014 Exhibit (G) it's "where the
defendant lives" ...SEE Case I^xw...Youngbloodv. Wilson & Cureton, 321
S.W.2d (Tex.App-Ft.Worth 1959) Maus v. Turman & Mitchell, 456 S.W.2d
181 (Tex.App.-Austin 1970) employment of "another attorney" was
necessary to recover attorneys' fees.... (The Reason Mr. Davis has No
Letter of Authority from Collin Co. Commissioners Court it's a case-by-
case Contract at Collin County sole discretion & they DlD NOT ask a
Order void by Case Law and nullified by Appeal be Recorded... nor ask
11 for Mr. Davis' services)...Mr. Davis' Half Truths and Blatant Lies in
Court is Perjury... in his Brief is called Tampering with Government
Records and Deceiving an Official into paying his pro se fees is Larceny.
... Any Court can fine & jail Mr. Davis for "Attorney Misconduct" per
Government Code Ch. 82 Sec. 82.061...and Sec. 82.062 a District Court.
SUMMARY OF ARGUMENT
When an Appeal is taken from a void judgment, the appellant court must
declare the judgment void...Because the appellate court may not address the
merits, it must set aside the trial courts judgments and dismiss and remand.
SEE Case Laws..El-Karch v. Texas Alcoholic Beverage Comnt'n, 874
S. W.2d 192, 194 (Tex.App.-Houston[lJhDist] 1994, no writ) AND The Texas Supreme Court speaking through Folley, Commissioner, in
Bridgmen vs Moore, 143 Tex 250,183 S. W.2d at page 707, stated... "A
violation of law tried by a court void of Subject Matter Jurisdiction
causes all of it's orders to become void having no force of law... orders are
good nowhere and bad everywhere" and "There is Ilo time limitation
regarding a violation of law was adjudicated by a court that did not
have power to act as a court"...."a Void Judgment is mere waste paper,
an absolute nullity, and all acts performed under it are also nullities".
(Acts performed it ...means 5th Dist. COA Orders are also nullities)
12 PRAYER
(1) Reverse Vexatious Litigant Order recorded in Austin, Texas due to all
Collin County Court Orders were void by Texas Case Law due to lack of
subject matterover Merritt v. Davis Case... and the 5th Dist COA in
Dallas had no jurisdiction over void orders or McLennan County Texas.
(2) Strike 19th District Court Order to Dismiss Litigation in Waco McLennan County since it was based on Collin County Vexatious Litigant Order that
was void by Texas Case Law for lack of subject matter jurisdiction.
(3) Remand this Case back to 19th Dist Court... with instructions to have
170 District Court hear Case known as Merritt v. Andrews & Davis with
a statement stating Mr. Merritt should enjoined by local official per Tex.Civ.
Prac.&Rem.Code Chapter 12 Section 12.003.
Respectfully Submitted
^^ ^J Lowell Merritt / Appellant / 2470 E. Stone Rd. Wylie, TX. 75098 E-Mail: knightl55@excite.com /Ph. 214-778-5430
13 CERTFICATE OF SERVICE
A copy of this Document was sent Certified Mail 7015 0640 0004 4532 7178 to Defendant (pro se) Mr. James Andrews address at 122 Touchstone Wylie, TX. 75098 and sent to Defendant (pro se) Mr. Robert J. Davis Fax Number 972-234-1750 on Ht/&tl/S7'/7** %£>/£ .
Lowell Merritt / Appellant / 2470 E. Stone Road Wylie, TX. 75098
E-Mail: knightl55@excite.com / Ph: 214-778-5430
14 - •' ' i.
APPENDIX
Event Page
Appeals Court Cause 06-15-00047-CV (i)
Final Order Appealed from 19th Dist. Ct. McLennan County (i) Identity Of Parties (ii)
Index Of Authorities (iv) (v)
Oral Argument Not Requested 1
Statement of the Case 1
Argument „,2-ll
Prayer 12-13
FINAL VERDICT from 19th Dist Ct. in Waco 15 Document of Evidence...
Exhibit (AA) initial filing of Merritt v. Davis, Motion for Bench Trial with FIAT signed & Notice by Fax
Exhibit (A) page 4 of Mr. Davis Brief to Change Venue
Exhibit (B) Appeal of JP Court Orders to County Court... 2 pages
Exhibit (C) shows Motion To Appeal Ruling filed in County Court
15 Exhibit (D) is Notice By FAX regarding Affidavit to Appeal using strict proof per Rule 572 to all Council and to JP Court Judge Douglas
Exhibit (E) Page 1 and 2 of County Courts Register of Actions showing Council for Defense filed nothing, and DWOP was Final Verdict.
Exhibit (F) is where Mr. Davis admits he did not declare Mr. Merritt to be a Vexatious Litigant...(yet is Mandated by this Statute and is why Case Law prohibits sua sponte)
Exhibit (G) is where Mr. Davis CHANGES HIS STORY on how he Transferred Venue of Merritt v. Davis case to Collin County BECAUSE he no Evidence 15.013 Injunction EXISTED...he swore was true in 2009 so he claims it was The "Mandatory Venue of where Defendant Lives" in 2014.
16 CAUSE NO. 2015-2602-4 \ * <* LOWELL MERRITT § IN THE DISTRICT COtef^^ -* & vs § MCLENNAN COUNTY, TCX/ftw ^9 § ^
ORDER DISMISSING CAUSE OF ACTION
On this date Plaintiff, LOWELL MERRITT, appeared before the Court pursuant to 11.1035 of the Texas Civil Practice and Remedies Code. Mr. Merritt was seeking permission to proceed with this litigation following this Court's prior order staying the litigation pursuant to this statute.
IT IS THE ORDER OF THE COURT that the Plaintiffs request to proceed pursuant to 11.102(a) of the statute is DENIED and this cause of action is dismissed.
Pursuant to Section 11.102(f) of the Civil Practice and Remedies Code the a*
Plaintiff may apply for a Writ of Mandamus to theTenth Court ofAppeals not later than thethirtieth (30th) dayfrom the date ofthis order.
Signed and entered on July 2, 2015.
RALI LOCAL ADMINISTRATIVE JUDGE
FINAL VERDICT ISSUEDBY 19th DistrictCourtInMcLennan County ^*\\ By Assuming Collin County was aProper County... and disregarded Mr Memtt's Statutory Laws and Texas Case Law voids Orders &resjudicata J does not Apply to Collin County due to LackOfSubject Matter Jorisdiction. / cause no. zoeq- //£a.-3 LOWELL MERRITT § DISTRICT COURT Plaintiff | - Court* 7fM fccv-T v. S
ROBERT DAVIS § McLENNAN COUNTY, TEXAS Defendant
CIVIL LAWSUIT FOR VIOLATION OF CIVIL LAW CIVIL PRACTICE AND REMTCniFS TQDE CHAPTER 12 FOR RECORDING AN INVALID LIEN
TO THE HONORABLE JUDGE OF THIS COURT:
NOW COMES the Plaintiff, Lowell Merritt who will prove beyond a reasonable doubt Mr. Davis Violated Chapter 12 of the Tex. Civ. Prac. & Rem. Code, and isWhat Validates this lawsuitto expunge the invalid lien and pay the penalty stated in the Statute of law. (Exhibit K)
PARTIES TO THE SUIT
Mr. Lowell Merritt Mr. Robert J. Davis 2470 E. Stone Rd 8131LBJ Frwy. Suite 700 Wylie, TX, 7509* Dallas, TX. 75251 Ph: 972-429-0343 Ph: 972-234-3400 Fax:972-234-1750
I. (Exhibit I) 'A
This Lawsuit pertains to the Filing of an Invalid Lien against Mr. Lowell Merritt
Created by a MaKcioiis Act of EetaBiation by Mr. Davis due to the fact Mr. Merritt
KAREN MATKIN DISTRICT CLERK McLENNAN COUNTY, TEXAS
OATH iQ^C^ ^10912 JRUSTNO. CAUSE NO(S) g^QQ^U
RECEIVED 0
:=^DOLLARS
C Exhibit( AA) Page 1 of 3 Receipt Dated 04/07/09 AND Bench Trial with >NDFORFJUDG • FIAT Signed For Hearing June 10* 2009 CAUSE NO. 2009-1182-3 $fy,. ^ V/J LOWELL MERRITT § DISTRICT COURtf: ?, t, ty//. t
ROBERT DAVIS Defendant § McLENNAN COUNTY, TEXAS MOTION FOR BENCH TRIAL Attach This To The Original Lawsuit
TO THE HONORABLE JUDGE OFTHIS COURT:
NOW COMES the Plaintiff, Lowell Merritt who will prove beyond areasonable doubt Mr. Davis Violated Chapter 12 ofthe Tex. Civ. Prac &Rem. Code, and b What Validates this lawsuit to force Defendant to Expunge the invalid ben and Pay the penalty stated in this States Chil Law described in Chapter 12 Sec 12.002. PARTIES TO THE SUIT
wZlT*lMoT" *•"•Robert * ^vis SwiZ^0^ 8131 ^ Frwy-Suite 700 XXFz^Ez Ph: 972^429-0343 DaUas'1X Ph: 972-234-3400 75251 Fax:972-234-1750 I. Proof Mr. Davis Filed an Invalid Lien
In Nov. of2007 Mr. Merritt filed 3Separate legal valid lawsuits to hold parties accountable per Art 1 Sec 13 of the Constitution, Remedy by Due Course of Law for fifing aFalse Report, Perjury, Aggravated Perjury, Etc against James Andrews, James Slayton and SgtVance AH were combined together by J.P. Court and the first Hearing was set for 01/30/08.
(1) On 01707/08 Mr. Merritt Filed aLegal'Valid Recusal Motion against JJP. Court Judge Douglas ofPrecinct 2in Collin County Texas which was 23 Days Prior to the First HEARING set for 01/30/08.
(2) On 01/30/08 Judge Douglas walks into the Courtroom and says, "No Person is Exhibit ( AA ) Page2 of 3 Receipt Dated 04/07/09 AND Bench Trial with FIAT Signed For Hearing June 10th 2009 WHEREFORE, PREMISESCONSIDERED, the Plaintiffrespectfully prays that the Court grant everything listed in the attached ORDER. Respectfully submitted,
fc^frlrl^j^/ Lowell Merritt
2470 E. Stone Rd. Wvlie. TX. 75098
Ph: 972-429-0343
CERTIFICATE OF SERVICE
I, theundersigned, hereby certify thata true and correct copy of this Lawsnit was Faxed to Mr. Davis on this the SLhr day of /Q-p/z*u 200V . nf—^L.*^**.^ -, ^ j Lowell Merritt
ORDER
The Order is Attached to the Last Page of this Document
FIAT
A Trial on the above is set for the 10 day of
TRANSMISSION VERIFICATION REPORT Exhibit (AA) Page 3 of 3 TIME : 04/21/2009 20:52 i^aME : MERRITT Receipt Dated 04/07/09 AND Bench Trial with SE< 9724290343 ^EL 9724290343 FIAT Signed For Hearing June 10m 2009
04/21 20:45 9722341750 00:06:59 14
STANDARD r\ RESULT ECM MODE while admittedlyTex. Civ. Prac &Re™. Code Section 12.004 provides th* an action "m* be brc.gh.inanyd^rteourtin.hecoanvmwhich^recorded thereal propertyislocated" this lawsuit is essentiallyacolla^ attack onafoal judgn^ntissued out of Collin County and an attempt to restrain the execution of such judgment, and thus the .nand^ venue nroviskms of Tex. Civ. *ac ARem. Code Section 15.013 prevail. Such n^datoryprovistostalestha^^ ofthe judgment orwritShan bebrought in the county in which the judgmentwas rendered." Eo^lycOTrveffingisthegou^vemieruleofSection lS.OO^aMDprovidesthatexceptas otherwise provided by Chapter 15, all lawsuits shall be brought In the comtty in whidi aU or a substantial partoftheeventsoromissions givingrisetotte claimoccurred." Theonlyrelationship that McLennan Countyhas with this matteristhat me Plaintiffownsn^ property in Waco which is subject to execution. All ofthe protracted litigation history and other various lawsuits with Plaintiffhave been filed in ColluvCounty as underscored bythe exhibits attached hereto. Finally, this Courtshould transferthe caseto CoUin County pursuantto Section 15.002(b) for the convenience of the parties and witnesses and mme inures, of justice because 4e mamtenanCeofthfcsmt^ hjeconomic and personalhardship associated wift ^veling to Waco to de^ against what is clearly a'rhvolous lawsuit' Moreover, the balanceofinterests ofall the parties predominates in favor ofthe action beingbrought in Collin County and the transfer ofthe action to Collin County would certainly not work an injustice to any party.' Indisputably, all the parties Hve or work in N.
*Davta Affidavit, Ex. 1, paragraph 7. p. 5 6D«vis Affidavit, Ex. 1. paragraph 7, p. 5
Exhibit (A) N f^^ Page 4ofMr. Davis BrieftoTransfer Venue J ^gg^OOwfv;TEXAS r 4/7/200810:16 AM Scanned
\M
CAUSE Na m i'&tf* LOWELLMERRTTT 8 COUNTY COURT AT LAW University Drive Courts Fadity 1800ft Graves Street J^rU-v/Ulen-v 3A~r$.$L**r*+i f&K/ft&Y*** 8 McKmney, Texas 75069 > ,. ^ C^4»^,Cy-08-48AN6cV4»49
TO THE HONORABLE JUDGE OF SAD)COURT: NOW COMES the PlaintuX Lowell Merritt, and moves to £oinnel aJudge to hear Motionto Ptaniiffi Swnctionfi and Motion ofInability tn Pay UHmg Rulg jrff. Sanctions were Iltegalry Applied Void ofthe Hearing Reo^iremert....Sanctionswete applied on J«3^2008maHeari«whcieNoP*r^
On Jan 7» 2008 aMotion was Filed for Di^mlifir^^ ftfWg? pp^ ^ Dvif 18a listing Legal Valid DocuinealBdReasomWHYHeshd^ and ALLHEARINGS fiomJan 7*?008 Forward. n. Vttmm Way Rate 18a Was Used Opposed toAnyOther Rote of Law Role 523 States District Rules Apply and the onry ooict Rule under Section V was Rule 528aanjBofYenng. (1) Rnfc528 CHANGE OF VENUE Only Aonto toTRIALS dueto Ntnttv» Local Exposure whcreaPersonMav Not B«A^^ fiomaJUTC£orJURY...OJ-„.J^ingwasQ^
(2)RaJel8aDfaqiialtftatn«JUira Motjkn from Presiding hi Hearing! «wlorTriab...(BM»otaiaf todowitb reasons forChange ofVeaue...(dae to Negative Local Exposure, Etc.) m. Rale1ofthe TexasRules ofCivfl Procedure state these Rales SHALL begiven a LIBEILU,INSTRUCTION fm<^ •hid* ^ fe Qltf^aJaAFalr.Eoaltobto
Rule 2 stales m& Courts RnksSh^ Govern ^...UuBtkeCour^^n^^clud^^
IV. All Parts ofRule 18Applyto Justice Courts even 18a asthere is No Other Lawto STOP aJustice Court JUDGE Son) rtoadngow aHEARING.... when j ^ o Motion using Ridel8a Sliowingtte o CD Biasedmanner and \lolaied his Judicial Cannons was F wth the Court, LEGAL Process anil Notice given to the Jud^ whylit a* SO -< ro ^3 , Exhibit (B) *J jr~
/Strict Proof Required by Rule 572 waTmade / with Brief and File Stamped March 27th 2008 I and FIAT Signed by Judge is when she aquired * ] o .—
\ Jurisdiction and "The APPEAL was PERFECTED/ ODV ((MB**'** SCANNED V. I have Filed Legal Valid Lawsuits using Chapter 41 of the Texas Civil Practices & Remedies Code...re: 41.001(5) Exemplary Damages as PENALTY for Acts done out of Malice to cause me Mental Anguish and Financial Harm. VI. Lawsuits I Filed are Numbered as follows: CV-08-47, CV48-48 and CV-08-49.
vn. Iwas Brcadbided with Sanctions Illegal Voffofftirt^^ JUST Reading the HEADING ofthese Laws and List Every Violation stated shows Ignorance ofthe Law, aProblem Judge Douglas had, not being able to Comprehend the Lawand reason I Filed Rule18a onJm7ft2«)8soherouldRecD^himmlffim^ ft4 Ml Mearma ton Im T F«w«d,..Iachidmg the Jan. 30* 2008 Hearing where No Person was allowed to Speak or Object as he Pa«s^fliitSimgrinngTiflfmCP,ii<>i^/tf^f Texas Rules ofCivil Procedure and saying I also Violated Chapters 9and 10 ofthe Texas Civil Practice &Remedies C^ Then next Hearing on 3/19708 to see ifThese Same Sanctions could be Modified, Did Not SomehowMagically make mem become Legal
VUL If aJudge does not recuse him/herselfwhen he/she should have known todo so, he/she may be subject to sanctions, which vary byjurisdiction. Jus* saying such does not Apply isNot Valid and Nothing done aftwards isLegal, Valid orHas the Force ofLaw. DC I,the Undersigned, hereby certify aTrue Copy ofthe Foregoing Motion was Forwarded to Attorneys representing said Clients on day.of , 2008. RespectifulrySubmitted
Lowell Merritt / plaintiff 2470 East Stone Road Wylie, Texas 75098 Ph: 972-429-0343
(B)Page2of2 i„ \ Judge* Strict Proof Required by Rule 572 was made with Brief and File Stamped March 27th 2008 and FIAT Signed by Judge is when she aquired Jurisdiction and "The APPEAL was PERFECTED LOWELLMERRITr . COUNTY COURT ATLAW#, JAMES ANDREWS S MeKlnney, Texas 75069 MOTION TO AM>ra. D1nff)ffi T°,I™£HONORAWj; JUDGE OF SAID COURT-
fifefealH.Judge Douglas in w^S^^S?fa^ltK *? ^J*
^°?*^» ''**?• •***• h«»ateady'beenFiled to Deque*&&- Terp|r
AM madeAllegationsyet None had Evidence to show Ihad other than what was JESS'S- YrtA*!!^^^e,^fOT^j^S^aion Attorney Grady Thompson at P.O. Box 844 McKbmey, TX. 750704844 A^^S.^S^,yt?' Alhwey ^1M Heidi Jenkha at 2610 WertT~M,««««H»e»«rf Wylie, TXTXTCW8 FM 544, Srte 107WyKe, 75098 and
nSx^S^ "*AmneyB°bert**"**m "» »«««y. Snte700
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jll^.MrDavisfiledanObjixaionwinimthetmtt i Yet total of3... Yet total J,XHI?rL(<:>isl,'Pa8eof''Motio» vu. Merntt v. Andrews /Merritt*ov. Appeal SlaytonRulings- ^ /Merritt v. Vance V." . s .-••.*;" / TRANSMISSION VBOFICATION REPORT /• TIME : 83/27/2888 20:34 NAME : MERRITT FAX : 3724298343
J5s»g»/i ?>*** foi^S^fe "tmcr TEL : 9724298343 "
DATE, TIME 83/27 28:^8 •'*/ PAX NO./NAME 9722341758 DURATION 88:85:43 PA6E(S> 11 RESULT OK MODE STANDARD ECM
TRANSMISSION VERIFICATION REPORT
TIME : 83/27/2888 28:41 NAME : MERRTTT FAX : 9724298343
//jTiS^i Autof* pM^fZlfew** &oF] TEL : 9724230343
DATE.TIME FAX NO./NAME 83/27 28:35 */ 9724238259 DURATION 68:85:47 PA6ECS) 11 RESULT OK MODE STANDARD ECM
TIME :- 83/27/2888 20:49 NAME : MERRITT FAX : 9724298343 TEL : 9724298343 {=sf&4%* ~7i+QjnPS**l Kvig $"7,3 CS-Tfcfcrmao&J DATE, TIME 03/27 28:43 FAX NO./NAME 9725629881 v*S ORATION 80:05:44 PA6E
SI : ^grf^ n:82 FAX : 9724290343 Xflg^vW*tAS RuitfSgJ /fr/g/cy/JoQi TEL : 9724290343
DATE. TIME 03/27 20:58 FAX NO./NAME 19727828559 DURATION 00:05:41 PA6ECS) 11 RESULT OK MODE STANDARD ECM Exhibit (D) Fax Showing 11 Pages was PROOF APPEAL Filed with County Court Judicial Online Search https://apps.coUiiKOuntytegDv/JudidalRecords/C^se/456092/101/Case.
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Case Details Case History Case Number 001-00798-2008
Date Filed 03/28/2008
Case Type Civil Old - Other Civil Cases - County Status Dismissed
Style Lowell Merritt VS. James Andrews, James Slayton, Sgt. Mike Vance, Judge Terry Douglas Judicial Officer Mason, Corinne A. in County Court at Law 1
Parties
Type ^ Name DOB Attorney Address Defendant Andrews, James Defendant Douglas, Teny Plaintiff Merritt, Lowell ProSe Defendant Slayton, James ? Defendant Vance, Mike
Case Events Date Event 03/28/2008 Plaintiffs Original Petition (OCA) $283.00 03/28/2008 Request for Copies $ Detajls |i 03/28/2008 Affidavit s: ~•» ' » , Less 1I / Exhibit (E) Page 1of2 X I [ Defendants Filed Nothing in County Court ]
Comments: Inability to Pay
03/28/2008 Letter ~" j^gj Comments: Requesting Removal of SSN*
03/31/2008 Motion ~ [^g- Comments: Motion to Consider Evidence
04/11/2008 Motion " [^g- Comments: (James Slayton) Motion to Appeal Rulings with Order Denying Plaintiffs Affidavit of Inability to Pay Cost in Support of Appeal Bond Submitted
04/11 /2008 Motion ~~ [^g- Comments: (Sgt. Mike Vance) Motion to Appeal Rulings with Order Denying Plaintiffs Affidavit of Inability to Pay Cost In Support of Appeal Bond \Submitted
04/11 /2008 Motion [^ Comments: (James Andrews) Motion to Appeal Rulings with Order Denying Plaintiffs Affidavit of Inability to Pay Cost in Support of Appeal BondSubmitted
05/01/2008 Motion Hearing ' [^ Time: 10:00 AM Comments: Motion To Dismiss Prior Sanctions and consider Filing of Inability To Pay Showing Strict Proof Per Rule and Motion to Consider Evidence
05/01 /2008 Cterk Notes (Private) , ~ ~ [^g" Comments: No copy to conformfor fiat or SASE
Pagel of 4
First 1 2 3 4 Last
Dispositions Charge # Date Disposition 05/01/2008 Less Comments: Cause Dismissed for Want of Prosecution
Financial Summary Party Type / Exhibit (E) Page 2of2 \ Balance Defendants Filed Nothing In County Court DWOP was the FINAL ORDER
1 this a little odd, my withdrawal and refiling is because
2 you wanted to stick that in the vexatious litigant order as
3 four?
-^-4 A. I didn't have you declared a vexatious litigant.
5 Judge Wooten did that herself. I didn't even ask for that
6 to happen. She on her own, after looking at all this,
7 what's called sua sponte, listed you as that. I didn't
8 request that.you be —
9 Q. Do we have that court register of actions?
10 A. Which one?
11 Q. 2632.
12 A. Right here. It's an exhibit. They're right up
13 there on the table.
14 Q. Oh, I was going to ask you this: This is on 798.
15 This was the, — what you you're calling a lawsuit and what
16 I called an appeal, 798. Now,, this is State's Exhibit 5.
17 Why did you file a motion to appeal the ruling?
18 A. Why did I — I did not. What date are you looking
19 at, Mr. Merritt?
3D Q. Why does it say, "motion to appeal ruling"?
21 A. You need to tell me what date you're looking at.
22 Q. 5-1. ,.
23 A. That's- something you filed, motion to dismiss
24 prior sanctions and consider filing of inability to pay
25 showing strict proof thereof per rule and motion to
Exhibit (F) Mr. Davis ADMITS he did not file Motion To Declare Vexatious Litigant It was sua sponte PROHIBITED BY LAW...See Line 4... Page 1 of 1 14
1 opportunity to elicit facts.
2 MR. MERRITT: Yes, sir.
V 3 Q. (By Mr. Merritt) What I understand on your 4 Page 4 of your brief that you use for the venue hearing, you.stated Section 15.013 prevails. When you looked that 6 up, it's an injunction. You implied that the mandatory -7 venue lied in Collin County because I filed an injunction. 8 THE COURT: Mr. Merritt, what is your 9 question for Mr. Davis?
Q. (By Mr. Merritt) Where is the injunction? Where 11 is the court order?
A. I didn't transfer this case based on an 13 injunction. I transferred it based on mandatory venue in 14 Collin County because that's where the defendant 15 resides --
16 Q. Excuse me. On mandatory venue, what mandatory 17 venue? What number?
18 A. Where the cause of action occurred and where the 19 defendant resides.
20 Q. "Where the cause of action", now what number is 21 that?
22 "A. I can't tell you off the top of my head, which 23 Section of the Civil Practice and Remedies Code for 24 Mandatory Venue. It was probably cited in my motion and 25 apparently the judge in McLennaji County agreed because it C . Exhibit (G) look at Exhibit (A) N Changing Story how he Transferred Venue to Collin County )