Jesse E. Phillips, Jr. v. Dwayne Binder and Amelia Binder Family Trust, Dwayne Binder and Amelia S. Binder, Trustees ( 2005 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-05-00250-CV

Jesse E. Phillips, Jr.,

                                                                      Appellant

 v.

Dwayne Binder and Amelia Binder

Family Trust, Dwayne Binder and

Amelia S. Binder, Trustees,

                                                                      Appellees

From the 13th District Court

Navarro County, Texas

Trial Court No. 04-00-13428-CV

O R D E R

          Jesse Phillips sent to this Court a group of documents which we received on July 18, 2005.  Those documents are as follows:  1) a table of contents; 2) a motion addressed to the trial court to dismiss default judgment with a draft order; 3) a copy of a complaint to the State Commission on Judicial Conduct regarding the trial court judge; 4) a “motion to review ‘abuse of discretion’ in a denial of stay” addressed to this Court with a draft order; 5) a motion to dismiss an eviction citation and complaint for forcible detainer addressed to the justice of the peace court with a draft order; 6) a letter to the district clerk, with a copy of a letter from the district clerk, a copy of a notice complaining of the actions of the district clerk, and a copy of a motion for new trial all attached as a group; 7) two copies of a letter from the district clerk regarding the clerk’s record, a copy of the index of the clerk’s record, and a copy of the receipt for payment of the clerk’s record all attached as a group; 8) a copy of a citation issued on July 11, 2005 by the Justice of the Peace, Precinct 4 of Navarro County; and 9) a draft order for a new jury trial.

          We are unable to determine what Phillips seeks to accomplish in this appeal by way of these documents.  And Phillips attached a certificate of service to only one of the documents, that being item 5 above.  All documents presented for filing in this Court must contain proof of service on all parties to the proceeding.  See Tex. R. App. P. 9.5.

          The Clerk of this Court is ordered to NOT file any of these documents but to retain them in the Court's correspondence file.  Further documents from Phillips of this nature should likewise be placed in the correspondence file and neither acknowledged nor acted upon.

          Phillips is hereby cautioned to file with this Court only those documents necessary to the disposition of his appeal in compliance with the Texas Rules of Appellate Procedure.  A full copy of each document filed must be served on each party to the litigation or their attorney of record, and there must be proof of service attached to each separate document. Tex. R. App. P. 9.5.

          This appeal has become unnecessarily complicated by Phillips's failure or refusal to comply with the procedural rules regulating the appeal of his default judgment.  Such gross failure to comply with the rules may result in a conclusion that his appeal lacks merit and is being pursued as an abuse of the judicial process.  Such a determination will result in the dismissal of his appeal for abuse of the judicial process under our inherent authority.  See Peralta v. State, 82 S.W.3d 724, 725 (Tex. App.--Waco 2002, no pet.); see also Tex. R. App. P. 42.3(c). 

                                                                   PER CURIAM

Before Chief Justice Gray,

          Justice Vance, and

          Justice Reyna

Order issued and filed August 3, 2005

Do not publish

[CV06]