TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-03-00459-CV
In re Charles Edward Lincoln, III
ORIGINAL PROCEEDING FROM WILLIAMSON COUNTY
O R D E R
PER CURIAM
On August 22, 2003, the Court denied Relator Charles Edward Lincoln III’s petition for writ of mandamus in this original proceeding. The Court also found that the mandamus proceeding was groundless as a matter of law and brought in bad faith, and that the underlying motion to recuse was groundless. Lincoln and his counsel, Francis Williams Montenegro, were ordered to show cause why sanctions should not be imposed on each of them pursuant to Texas Rule of Appellate Procedure 52.11(a) and Chapter 10 of the Texas Civil Practices and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann. §§ 10.001-.006 (West 2002); Tex. R. App. P. 52.11(a).
On September 10, 2003, this Court conducted a hearing, after reasonable notice, and allowed Lincoln and his counsel to show cause why they should not be sanctioned.
For the reasons set forth in our opinion of August 22, 2003, we find that both Lincoln and Montenegro should be sanctioned under rule 52.11(a). Lincoln himself is trained as a lawyer and we believe that both he and his attorney in this matter, Francis Williams Montenegro, are blameworthy and have acted in bad faith by filing of this groundless mandamus proceeding. The Court finds that the following sanctions are appropriate and proportionate to the harm done:
1. Charles Edward Lincoln III and Francis Williams Montenegro, are hereby ORDERED, jointly and severally, to pay attorney’s fees in the sum of $2,000.00 to J. Randall Grimes, the attorney representing the real party-in-interest, Elena K. Lincoln, to be applied to Ms. Lincoln’s attorney’s fees, within ninety (90) days from the date this order is signed, but in no event later than January 22, 2004. Charles Edward Lincoln III and Francis Williams Montenegro, are ORDERED to submit to this Court written proof of their compliance with this order within 120 days from the date of this order
2. Charles Edward Lincoln III and Francis Williams Montenegro, are hereby ORDERED, jointly and severally, to pay attorney’s fees in the sum of $1,000.00 to Laura Nowlin, to be applied to fees incurred by the guardian and attorney ad litem for the child involved in the proceedings below, within ninety (90) days from the date this order is signed, but in no event later than January 22, 2004. Charles Edward Lincoln III and Francis Williams Montenegro, are also ORDERED to submit to this Court written proof of compliance with this order within 120 days from the date of this order; and
3. Charles Edward Lincoln III and Francis Williams Montenegro are ORDERED to refrain from filing subsequent groundless, frivolous motions, briefs, and pleadings in connection with the underlying child custody litigation either in this Court or in the district court below.
It is ordered October 21, 2003.
Before Chief Justice Law, Justices B. A. Smith and Puryear