In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-15-00019-CV
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IN RE BARNETT & GARCIA, PLLC, LAWRENCE FALLI, AND TRI ED
DISTRIBUTION, INC.
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Original Proceeding
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MEMORANDUM OPINION
Barnett & Garcia, PLLC, Lawrence Falli, and Tri Ed Distribution, Inc. filed
a petition for writ of mandamus seeking to compel the judge of the County Court at
Law No. 1 of Jefferson County, Texas, to withdraw orders that relators contend
were made after the trial court lost plenary power over the case.
After careful review of the petition and the mandamus record, we conclude
relators are not entitled to mandamus relief. The real parties in interest, Wave
Solutions, LLC and Brandon Luquette, filed a motion for sanctions before the trial
court signed an order of dismissal. See Travelers Ins. Co. v. Joachim, 315 S.W.3d
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860, 863 (Tex. 2010) (“After a nonsuit, a trial court retains jurisdiction to address
collateral matters, such as motions for sanctions, even when such motions are filed
after the nonsuit, as well as jurisdiction over any remaining counterclaims.”); Scott
& White Mem’l Hosp. v. Schexnider, 940 S.W.2d 594, 596 (Tex. 1996) (holding
that a trial court has authority to decide a motion for sanctions while it retains
plenary power, even after a nonsuit is taken). The order of dismissal, which stated
that the cause was dismissed on the plaintiff’s notice of non-suit without
mentioning the opposing party’s motion for sanctions, did not dispose of the
motion for sanctions. See Unifund CCR Partners v. Villa, 299 S.W.3d 92, 95-96
(Tex. 2009); Crites v. Collins, 284 S.W.3d 839, 840 (Tex. 2009). Relators have not
shown that the trial court signed orders in the case after the expiration of its
plenary power. Accordingly, we deny the petition for writ of mandamus.
PETITION DENIED.
PER CURIAM
Submitted on January 21, 2015
Opinion Delivered January 22, 2015
Before McKeithen, C.J., Kreger and Horton, JJ.
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in Re Barnett & Garcia, PLLC, Lawrence Falli, and Tri Ed Distribution, Inc.
Combined Opinion