in Re: Richard D. Gaines ( 2022 )

DISMISS and Opinion Filed August 25, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00643-CV
IN RE RICHARD D. GAINES, Relator
Original Proceeding from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-09-01295
MEMORANDUM OPINION
Before Justices Molberg, Pedersen, III, and Garcia
Opinion by Justice Pedersen, III
Relator’s June 29, 2022 petition for writ of mandamus challenges the trial
court’s second turnover order. Because we questioned whether relator’s status as a
creditor of the parties sufficiently establishes his standing to bring this mandamus
proceeding, we directed the parties to file letter briefs addressing our concern.
After reviewing the letter briefs, the petition, and the record, we conclude that
relator lacks standing to file this original proceeding. Although Marvin Keith, a
judgment debtor in the underlying proceeding, has now filed a joinder to the petition,
this does not cure the standing defect because standing must exist at all times
throughout the case. See In re A.J.L., 108 S.W.3d 414, 420 (Tex. App.—Fort Worth
2003, orig. proceeding) (party who lacks standing at the time he files suit cannot
subsequently cure jurisdictional defect by joining as an involuntary plaintiff a person
with standing to bring the claim); see also Martin v. Clinical Pathology Labs., Inc.,
343 S.W.3d 885, 888 (Tex. App.—Dallas 2011, pet. denied) (standing must exist at
the time a plaintiff files suit and must continue to exist between the parties at every
stage of the legal proceedings, including the appeal).
Accordingly, we dismiss this original proceeding for lack of jurisdiction. See
Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 443 (Tex. 1993)
(“Subject matter jurisdiction is essential to the authority of a court to decide a case.
Standing is implicit in the concept of subject matter jurisdiction.”).
220643f.p05 /Bill Pedersen, III//
BILL PEDERSEN, III
JUSTICE
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