Ross v. Linebarger, Goggan, Blair & Sampson, L.L.P.

333 S.W.3d 736, 2010 Tex. App. LEXIS 9243, 2010 WL 4678240
CourtCourt of Appeals of Texas
DecidedNovember 18, 2010
Docket01-10-00082-CV
StatusPublished
Cited by40 cases

This text of 333 S.W.3d 736 (Ross v. Linebarger, Goggan, Blair & Sampson, L.L.P.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ross v. Linebarger, Goggan, Blair & Sampson, L.L.P., 333 S.W.3d 736, 2010 Tex. App. LEXIS 9243, 2010 WL 4678240 (Tex. Ct. App. 2010).

Opinion

OPINION

EVELYN V. KEYES, Justice.

In this interlocutory appeal, appellants, Gwen Ross and Phoenix II, Inc. (collectively, “Ross”) contend that the trial court erred in granting the plea to the jurisdiction of appellees, Linebarger, Goggan, Blair & Sampson, LLP, Mandy Oyugi, Damon D. Edwards, and Maris A. Blair (collectively, “Linebarger”). 1 In three issues, Ross contends that the trial court erred in (1) granting Linebarger’s plea to the jurisdiction because the law firm and its employees are not entitled to immunity from suit; (2) denying Ross’s motion to strike evidence; and (3) overruling Ross’s objections to Linebarger’s evidence.

We affirm.

Background

On June 14, 2004, Fort Bend County sued Phoenix, a Texas general partnership not listed with the secretary of state, for collection of unpaid taxes on property located in Sugar Land, Fort Bend County. Fort Bend Independent School District and the City of Sugar Land subsequently joined as additional plaintiffs, and, on February 9, 2005, the trial court entered a default judgment against Phoenix for unpaid taxes.

*739 Ross discovered that Fort Bend County, Fort Bend Independent School District, and the City of Sugar Land (collectively, “the taxing entities”) planned to sell the property pursuant to the default judgment. 2 She contacted the taxing entities, and they referred her to Linebarger. Through Linebarger, Ross entered into an Installment Payment Agreement with the Fort Bend County Tax Assessor, Patsy Schultz, to begin making payments on her past due taxes on November 20, 2005, and to continue making payments until she had paid the 2004 taxes in full. The agreement also stated,

2. PAYMENT FOR CURRENT TAXES As a condition of this Contract, you will pay your 2004 taxes now and all future taxes assessed by the taxing authorities before the taxes become delinquent during the time of this Contract, or this Contract will become null and void IMMEDIATELY.
3. LAWSUITS, JUDGMENTS, and SALES (IF APPLICABLE) If a delinquent tax suit has been filed against you, you agree to the immediate entry of a judgment in this cause ([handwritten] in cause numbers 04-CV-138630 and 04-CV-136704). Further, you agree taxing authorities may foreclose its tax lien if you default under this Contract.... In the event you default, this Contract will become null and void IMMEDIATELY, and the taxing authorities may proceed with any collection remedies available.

This agreement was dated October 11, 2005, and was signed by Ross as the taxpayer and Oyugi, a Linebarger employee, as the “Tax Deputy.”

Ross subsequently defaulted on this agreement. The property was sold in a tax sale to Robert Gorringe on June 6, 2006. On January 12, 2007, Ross paid Patsy Schultz $108,146 to redeem the property. Gorringe objected to the redemption as untimely, and he subsequently sold the property to a third party. 3

Ross sued, alleging, “Present in this case are three governmental subdivisions, [Fort Bend] County, [the City of Sugar Land], [Fort Bend Independent School District]. Schultz is an official of [Fort Bend] County. Linebarger, Oyugi, Edwards, and Blair are agents of such governmental subdivisions.” Ross also sued Robert Gorringe, who purchased the property at the tax sale, for trespass and other claims. In her petition, Ross alleged that she learned of the 2005 tax sale “from painters she had working on the Property and who had observed several individuals taking pictures of the Property and asked why such pictures were being taken. Until informed of such sale by the painters, Ross had no notice of such tax sale.” Ross alleged that she contacted the County tax office and was referred to Linebarger. An employee of Linebarger, Michelle Cox, told her she had to bring a cashier’s check for $9,000 on or before June 30, 2005.

Ross alleged that she spoke with Oyugi at Linebarger’s Richmond office on June 27, 2005, and that Oyugi informed her “that Oyugi had someone who wanted to buy the Property. Ross informed Oyugi that she was not interested in selling the Property.” Ross also alleged that Oyugi failed to give her a copy of the November 2005 installment payment agreement, that she was not notified that she was considered in default of that agreement, and that she was not notified of the subsequent sale of the property to Gorringe. Ross further alleged that, after the sale to Gorringe, she *740 contacted various people, including an unnamed constable and Linebarger employees Edwards and Blair, who misinformed her of the deadline for redeeming the property, and that Schultz, Edwards, and Oyugi gave her conflicting information regarding whether she had successfully redeemed the property.

Ross’s petition further stated:
Plaintiffs assert the following causes of action against [Fort Bend] County, [Fort Bend] ISD, City [of Sugar Land], Schultz, Linebarger, Oyugi, Edwards and Blair in their official — if any — and individual capacities:
A. Breach of contract
B. Negligent misrepresentation
C. Wrongful foreclosure
D. Depriving Plaintiffs of their rights to substantive and procedural due process of law under the Constitution of the United States of America. To the extent applicable, Plaintiffs assert such claims under 28 U.S.C. section 1983.
E. Plaintiffs challenge the validity of the sale of the Property to Gor-ringe.
F. In the alternative, Plaintiffs assert their claim for excess proceeds.

In response, Linebarger filed a “plea to the jurisdiction, motion for summary judgment, and motion to sever.” Linebarger argued that it was immune from suit. Specifically, it argued that because its clients, the taxing entities, are protected by governmental immunity, the law firm and its employees “are likewise protected from claims asserted by [Ross] relating to their activities in the collection of taxes for these entities under the doctrine of official immunity.”

Attached to Linebarger’s plea to the jurisdiction and motion for summary judgment were the February 9, 2005 final judgment against Phoenix for the unpaid taxes, the November 2005 installment payment agreement signed by Ross and Oyugi, and several letters addressed to Phoenix and to Phoenix and Ross purporting to give notice of the pending sale of the property.

Linebarger also provided evidence regarding the nature of its relationship to the taxing entities it represented. Edwards’ affidavit provided a timeline of the events forming the basis of Ross’s suit and stated in relevant part:

Linebarger is a law firm that represents various taxing entities ... including those taxing entities named in this suit.

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Bluebook (online)
333 S.W.3d 736, 2010 Tex. App. LEXIS 9243, 2010 WL 4678240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ross-v-linebarger-goggan-blair-sampson-llp-texapp-2010.