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FILED
1/4/2021 4:18 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Terri Kilgore DEPUTY
Patel Fuller
January 4, 2021
VIA ELECTRONIC FILING
Honorable Sheryl McFarlin
Associate Judge Presiding, 192nd District Court
George L. Allen, Sr. Courts Building
600 Commerce St., 6th Floor West, Aux 6—C
Dallas, TX 75202
RE: LETTER BRIEF IN SUPPORT OF INTERVENOR’S STANDING AND INTEREST
TO FILE NO-EVIDENCE MOTION FOR SUMMARY JUDGMENT
Case Style: Mcilveen Real Estate & Management, Inc. v. Hernandez, et al.
Case No.: DC—20—02057
Court: Honorable 192nd District Court of Collin County, Texas
Dear Judge McFarlin:
On January 4, 2021, the Court held a hearing on Intervenor People Priority Solutions,
LLC’s Motion for Partial No—Evidence Summary Judgment (Nov. 18, 2020); no timely
response was filed. The Court requested authority pertaining to Movant’s standing to
seek summary judgment, and in satisfaction thereof, Movant respectfully tenders this
letter brief for the Court.
1211 East 15th Street - Plano, Texas 75074 |
P 214-81 0-31 20 |
F 214-722-6809 | patelfuller.com
Letter Brief Page 2 of 3 January 4, 2021
I. SUMMARY
Intervenor People Priority Solutions, LLC is able to properly defend against those claims
brought by Plaintiff against another party, Alicia Hernandez, because such a defense is
necessary to protect its own interests.
II. PROCEDURAL HISTORY
Alicia Hernandez is the legal owner of a piece of real property; People Priority Solutions,
LLC is equitable titleholder to the property, having a duly executed purchase contract.
Plaintiff Mcilveen Real Estate & Management, Inc. filed this suit on February 5, 2020
against defendants Alicia Hernandez and People Priority Solutions, LLC. Among other
claims asserted, Plaintiff’s primary claim is for breach of contract as to Alicia Hernandez
and it seeks to compel specific performance.
On July 16, 2020, attempting to fast—track a disposition, Plaintiff nonsuited People Pri—
ority Solutions, LLC and moved to default Alicia Hernandez —
despite People Priority
Solutions, LLC being a necessary party to this litigation.
Following its nonsuit, People Priority Solutions, LLC intervened to protect its interests.
III. PEOPLE PRIORITY SOLUTIONS, LLC HAS STANDING AND IS A NECESSARY
PARTY TO THE LITIGATION AS INTERVENOR.
Standing is a party's justiciable interest in a controversy and is a component of subject
matter jurisdiction. Town of Fairview v. Law/er, 252 S.W.3d 853, 855 (Tex. App.—Da||as
2008, no pet.) (citing Nootsie, Ltd. v. Williamson County Appraisal Dist, 925 S.W.2d 659,
661—62 (Tex. 1996)). Standing focuses on who isentitled to bring an action and is deter-
mined at the time the suit is filed in the trial court. Id. (citing M.D. Anderson Cancer Ctr.
v. Novak, 52 S.W.3d 704, 708 (Tex. 2001)).
A party affected by an outcome has standing to move for summary judgment. Mandel v.
Lewisvi/le Indep. Appellees Sch. Dist., 499 S.W.3d 65, 77 (Tex. App.—Fort Worth 201 6,
pet. denied) (citing Austin Nursing Ctr., Inc. v. Lovato, 171 S.W.3d 845, 848 (Tex.2005)
(explaining that the “issue of standing focuses on whether a party has a sufficient rela-
tionship with the lawsuit so as to have a ‘justiciable interest’ in its outcome”)).
A party has a justiciable interest in a lawsuit, and thus a right to intervene in the suit,
when its interests will be affected by the litigation. J. Fuentes Colleyville, L.P. v. A.S., 501
S.W.3d 239, 243 (l'ex. App.—Fort Worth 2016, no pet.). lntervenors “can occupy the
position of a defendant where their claims and prayer align them with the defendant and
Letter Brief Page 3 of 3 January 4, 2021
pit them directly against the plaintiff, even if no parties assert claims against them.” In re
Ford Motor Co., 442 S.W.3d 265, 275 (Tex. 201 4) (orig. proceeding).
In this instance, lntervenor is the equitable titleholder to the subject property in dispute
and, therefore, has a justiciable interest in this litigation and entitled to properly assert a
defense in furtherance of to protect its own interests.
IV. INTERVENOR HAS A RIGHT TO ENSURE AND MAINTAIN A PROPER
DEFENSE TO PREVENT SERIOUS PREJUDICE TO IT.
An intervenor is a party to the suit as instituted not only for the purpose of determining
the intervenor's rights asserted adversely to the original parties but also for the purpose
of determining all matters in issue between the original parties involving in any respect
the intervenor's rights as if the intervenor had been made an original party. Ingraham v.
England, 258 S.W. 278 (Tex. Civ. App. Dallas 1924).
“Even when an intervenor has not or could not have been sued directly, if a judgment for
the plaintiff may lead to an action against the intervenor or would otherwise seriously
prejudice the intervenor, the intervention is necessary to assure a proper defense against
the claim.” Jenkins v. Entergy Corp., 187 S.W.3d 785, 796—97 (Tex. App. —Corpus Christi
2006, pet. denied).
As an intervening party, People Priority Solutions, LLC may properly seek summary judg-
ment as to those claims by Plaintiff against Alicia Hernandez “for the purpose of deter-
mining all matters in issue between the original parties[.]” Further, were People Priority
Solutions, LLC denied the opportunity to mount a defense, itwould be seriously preju-
diced by Plaintiff defaulting of Alicia Hernandez.
V. REQUESTED RELIEF
For the foregoing reasons, People Priority Solutions, LLC’s Motion for Partial No-Evi-
dence Summary Judgment (Nov. 18, 2020) should be granted, and a take-nothing judg—
ment rendered as to Plaintiff Mcilveen Real Estate & Management, |nc.’s claims.
Respectfully submitted,
Naval H. Patel
cc: Calvin D. Johnson
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Naval Patel on behalf of Naval Patel
Bar No. 24083629
np@patelfuller.com
Envelope ID: 49380624
Status as of 1/5/2021 10:06 AM CST
Associated Case Party: MCILVEEN REAL ESTATE & MANAGEMENT, INC.
Name BarNumber Email TimestampSubmitted Status
Calvin Demond Johnson 24032596 attorneycalvindjohnson@gmail.com 1/4/2021 4:18:47 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Calvin D.Johnson attorneycalvindjohnson@gmail.com 1/4/2021 4:18:47 PM SENT
TAJ AWARREN twarren@tajwarren.com 1/4/2021 4:18:47 PM SENT
TAJ WARREN twarren@warrenlawpllc.com 1/4/2021 4:18:47 PM SENT
Taj Warren tajwarren@gmail.oom 1/4/2021 4:18:47 PM SENT
Associated Case Party: PEOPLE PRIORITY SOLUTIONS, LLC
Name BarNumber Email TimestampSubmitted Status
Meaghan Vinyard mv@patelfuller.com 1/4/2021 4:18:47 PM SENT
Claudia Burgos cb@patelfuller.com 1/4/2021 4:18:47 PM SENT
Seth A.Fuller sf@patelfuller.com 1/4/2021 4:18:47 PM SENT
Naval H.Pate| np@patelfuller.com 1/4/2021 4:18:47 PM SENT
Preview
FILED 1/4/2021 4:18 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Terri Kilgore DEPUTY Patel Fuller January 4, 2021 VIA ELECTRONIC FILING Honorable Sheryl McFarlin Associate Judge Presiding, 192nd District Court George L. Allen, Sr. Courts Building 600 Commerce St., 6th Floor West, Aux 6—C Dallas, TX 75202 RE: LETTER BRIEF IN SUPPORT OF INTERVENOR’S STANDING AND INTEREST TO FILE NO-EVIDENCE MOTION FOR SUMMARY JUDGMENT Case Style: Mcilveen Real Estate & Management, Inc. v. Hernandez, et al. Case No.: DC—20—02057 Court: Honorable 192nd District Court of Collin County, Texas Dear Judge McFarlin: On January 4, 2021, the Court held a hearing on Intervenor People Priority Solutions, LLC’s Motion for Partial No—Evidence Summary Judgment (Nov. 18, 2020); no timely response was filed. The Court requested authority pertaining to Movant’s standing to seek summary judgment, and in satisfaction thereof, Movant respectfully tenders this letter brief for the Court. 1211 East 15th Street - Plano, Texas 75074 | P 214-81 0-31 20 | F 214-722-6809 | patelfuller.com Letter Brief Page 2 of 3 January 4, 2021 I. SUMMARY Intervenor People Priority Solutions, LLC is able to properly defend against those claims brought by Plaintiff against another party, Alicia Hernandez, because such a defense is necessary to protect its own interests. II. PROCEDURAL HISTORY Alicia Hernandez is the legal owner of a piece of real property; People Priority Solutions, LLC is equitable titleholder to the property, having a duly executed purchase contract. Plaintiff Mcilveen Real Estate & Management, Inc. filed this suit on February 5, 2020 against defendants Alicia Hernandez and People Priority Solutions, LLC. Among other claims asserted, Plaintiff’s primary claim is for breach of contract as to Alicia Hernandez and it seeks to compel specific performance. On July 16, 2020, attempting to fast—track a disposition, Plaintiff nonsuited People Pri— ority Solutions, LLC and moved to default Alicia Hernandez — despite People Priority Solutions, LLC being a necessary party to this litigation. Following its nonsuit, People Priority Solutions, LLC intervened to protect its interests. III. PEOPLE PRIORITY SOLUTIONS, LLC HAS STANDING AND IS A NECESSARY PARTY TO THE LITIGATION AS INTERVENOR. Standing is a party's justiciable interest in a controversy and is a component of subject matter jurisdiction. Town of Fairview v. Law/er, 252 S.W.3d 853, 855 (Tex. App.—Da||as 2008, no pet.) (citing Nootsie, Ltd. v. Williamson County Appraisal Dist, 925 S.W.2d 659, 661—62 (Tex. 1996)). Standing focuses on who isentitled to bring an action and is deter- mined at the time the suit is filed in the trial court. Id. (citing M.D. Anderson Cancer Ctr. v. Novak, 52 S.W.3d 704, 708 (Tex. 2001)). A party affected by an outcome has standing to move for summary judgment. Mandel v. Lewisvi/le Indep. Appellees Sch. Dist., 499 S.W.3d 65, 77 (Tex. App.—Fort Worth 201 6, pet. denied) (citing Austin Nursing Ctr., Inc. v. Lovato, 171 S.W.3d 845, 848 (Tex.2005) (explaining that the “issue of standing focuses on whether a party has a sufficient rela- tionship with the lawsuit so as to have a ‘justiciable interest’ in its outcome”)). A party has a justiciable interest in a lawsuit, and thus a right to intervene in the suit, when its interests will be affected by the litigation. J. Fuentes Colleyville, L.P. v. A.S., 501 S.W.3d 239, 243 (l'ex. App.—Fort Worth 2016, no pet.). lntervenors “can occupy the position of a defendant where their claims and prayer align them with the defendant and Letter Brief Page 3 of 3 January 4, 2021 pit them directly against the plaintiff, even if no parties assert claims against them.” In re Ford Motor Co., 442 S.W.3d 265, 275 (Tex. 201 4) (orig. proceeding). In this instance, lntervenor is the equitable titleholder to the subject property in dispute and, therefore, has a justiciable interest in this litigation and entitled to properly assert a defense in furtherance of to protect its own interests. IV. INTERVENOR HAS A RIGHT TO ENSURE AND MAINTAIN A PROPER DEFENSE TO PREVENT SERIOUS PREJUDICE TO IT. An intervenor is a party to the suit as instituted not only for the purpose of determining the intervenor's rights asserted adversely to the original parties but also for the purpose of determining all matters in issue between the original parties involving in any respect the intervenor's rights as if the intervenor had been made an original party. Ingraham v. England, 258 S.W. 278 (Tex. Civ. App. Dallas 1924). “Even when an intervenor has not or could not have been sued directly, if a judgment for the plaintiff may lead to an action against the intervenor or would otherwise seriously prejudice the intervenor, the intervention is necessary to assure a proper defense against the claim.” Jenkins v. Entergy Corp., 187 S.W.3d 785, 796—97 (Tex. App. —Corpus Christi 2006, pet. denied). As an intervening party, People Priority Solutions, LLC may properly seek summary judg- ment as to those claims by Plaintiff against Alicia Hernandez “for the purpose of deter- mining all matters in issue between the original parties[.]” Further, were People Priority Solutions, LLC denied the opportunity to mount a defense, itwould be seriously preju- diced by Plaintiff defaulting of Alicia Hernandez. V. REQUESTED RELIEF For the foregoing reasons, People Priority Solutions, LLC’s Motion for Partial No-Evi- dence Summary Judgment (Nov. 18, 2020) should be granted, and a take-nothing judg— ment rendered as to Plaintiff Mcilveen Real Estate & Management, |nc.’s claims. Respectfully submitted, Naval H. Patel cc: Calvin D. Johnson Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Naval Patel on behalf of Naval Patel Bar No. 24083629 np@patelfuller.com Envelope ID: 49380624 Status as of 1/5/2021 10:06 AM CST Associated Case Party: MCILVEEN REAL ESTATE & MANAGEMENT, INC. Name BarNumber Email TimestampSubmitted Status Calvin Demond Johnson 24032596 attorneycalvindjohnson@gmail.com 1/4/2021 4:18:47 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Calvin D.Johnson attorneycalvindjohnson@gmail.com 1/4/2021 4:18:47 PM SENT TAJ AWARREN twarren@tajwarren.com 1/4/2021 4:18:47 PM SENT TAJ WARREN twarren@warrenlawpllc.com 1/4/2021 4:18:47 PM SENT Taj Warren tajwarren@gmail.oom 1/4/2021 4:18:47 PM SENT Associated Case Party: PEOPLE PRIORITY SOLUTIONS, LLC Name BarNumber Email TimestampSubmitted Status Meaghan Vinyard mv@patelfuller.com 1/4/2021 4:18:47 PM SENT Claudia Burgos cb@patelfuller.com 1/4/2021 4:18:47 PM SENT Seth A.Fuller sf@patelfuller.com 1/4/2021 4:18:47 PM SENT Naval H.Pate| np@patelfuller.com 1/4/2021 4:18:47 PM SENT