ACCEPTED
01-15-00198-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
3/4/2015 12:14:45 PM
CHRISTOPHER PRINE
CLERK
01-15-00198-CV
NO.
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
In the Court of Appeals for the First or Fourteenth 3/4/2015
District 12:14:45 PM
of Texas
CHRISTOPHER A. PRINE
Clerk
In Re Southwood Place Recreation Association Inc. and Keysha Booker.
Original Proceeding from the 190th Judicial District Court,
Harris County, Texas, Trial Court Cause No. 2013-47353,
the Honorable Patricia Kerrigan, Presiding Judge
RELATORS’ EMERGENCY MOTION FOR TEMPORARY RELIEF
TO THE HONORABLE FIRST OR FOURTEENTH COURT OF APPEALS:
Pursuant to Texas Rule of Appellate Procedure 52.10, Southwood Place Recreation
Association Inc. (SPRA) and Keysha Booker, Relators, file this Emergency Motion For
Temporary Relief to accompany their Petition for Writ of Mandamus, and in support
of this motion would show the Court as follows:
1. The underlying action is currently set for trial on the two week trial docket
beginning March 16, 2015. The trial court granted Real Parties In Interest’ plea
to jurisdiction on the unauthorized practice of law claims with respect to the
SPRA, even though the jurisdiction of the Unauthorized Practice of Law
Page 1
Committee is nonexclusive, In Re Nolo Press/Folk Law, Inc., 991 S.W.2d
768,773 (Tex. 1999) (orig. proceeding). Furthermore, the trial court is forcing
the unauthorized practice of law claim to trial with Attorney Keysha Booker as
the only complainant and without the party who suffered the harm.
2. As a result, the trial court committed a clear abuse of discretion, as it made a
prejudicial error of law leaving the SPRA without a remedy, since once the claim goes
to trial, the SPRA, even if granted relief, will be barred by res judicata and collateral
estoppel from trying the claim as it will already have been finally litigated. Cont'l
Casing Corp. v. Siderca Corp., 38 S.W.3d 782,792 (Tex. App. Houston 14th Dist.
2001, no pet.); Richards v. Comm'n for Lawyer Discipline, 35 S.W.3d 243,249 (Tex.
App. Houston 14th Dist. 2000, no pet.). Moreover, any remedy obtained in the trial
court belongs to and can only be enforced by Attorney Keysha Booker. “[M]andamus
relief is appropriate when a trial court clearly abuses its discretion and there is no
adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36
(Tex.2004) (orig. proceeding).
WHEREFORE, Relators, respectfully requests that this Court grant temporary
relief by issuing an order staying the trial of this case until this Court resolves the issue
raised in this Petition for Writ of Mandamus. Relators requests any other relief to which
they may be entitled.
Page 2
Respectfully Submitted By:
/s/ Tamika Harris
Tamika C. Harris Esq.
Attorney and Counselor at Law
Texas Bar No. 24002235
P.O. BOX 690064
Houston, Texas 77269-0064
Phone: (281) 440-4976
Fax: (281) 440-1327
Email: tharris.harrislaw@sbcglobal.net
COUNSEL FOR RELATORS
CERTIFICATE OF CONFERENCE
I certify that on March 4, 2015, I conferred with Real Parties in Interest’s counsel
regarding the merits of this motion and that the Real Parties in Interest indicated it is
opposed.
/s/ Tamika Harris
Tamika C. Harris Esq.
CERTIFICATE OF COMPLIANCE
I certify that a copy of this motion will be faxed to Real Parties in Interest’s
counsel immediately after the motion is filed.
/s/ Tamika Harris
Tamika C. Harris Esq.
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CERTIFICATE OF SERVICE
I certify that on March 4, 2015, a true and correct copy of this motion was served
on Respondent and all counsel of record in accordance with the Texas Rules of
Appellate Procedure.
/s/ Tamika Harris
Tamika C. Harris Esq.
Page 4
in Re Southwood Place Recreation Association Inc. and Keysha Booker
Combined Opinion