At page 740 Determining attorney standing to appeal sanctions20 citing casesTex. App.—Eastland 2009,no pet.
- K. L. v. C.P. & S.L., No. 03-22-00704-CV (Tex. App.—Austin June 7, 2023).published(Tex. App.—Eastland 2009, no pet.)
- on Deck Capital, Inc. v. CWO Designer Landscapes Ltd. Liab. Co., No. 05-20-00471-CV (Tex. App.—Dallas Feb. 10, 2022).published(Tex. App.—Eastland 2009, no pet.)
- Thomas Phillips v. Am. Bankers Ins. Co. of Florida, No. 01-18-00375-CV (Tex. App.—Houston [1st Dist.] July 16, 2019).published(Tex. App.—Eastland 2009, no pet.)
- Mary Lou Ortiz v. St. Teresa Nursing & Rehab. Ctr., LLC, 579 S.W.3d 696 (Tex. App.—El Paso 2019).published(Tex.App.--Eastland 2009, no pet.)
- in the Guardianship of Ruby Peterson, No. 01-15-00586-CV (Tex. App.—Houston [1st Dist.] Dec. 16, 2015).published(Tex. App.—Eastland 2009, no pet.)
- Rey Ortiz v. Luis Manuel Singleterry, No. 13-14-00494-CV (Tex. App.—Corpus Christi June 26, 2015).published(Tex. App.— Eastland 2009, no pet.)
- in the Est. of Linda J. Velvin, No. 06-13-00028-CV, 2013 Tex. App. LEXIS 12267 (Tex. App.—Texarkana Oct. 1, 2013).published(Tex. App.—Eastland 2009, no pet.)
- Lyzenthia White v. Texas Dep't of Fam. & Prot. Servs., No. 03-11-00394-CV (Tex. App.—Austin Feb. 22, 2012).published (Tex. App.—Eastland 2009, no pet.)
- Roger Sluder v. Carol Joyce Ogden, No. 11-0233 (Tex. Apr. 11, 2011).published(Tex. App.—Eastland 2009,no pet.)
- Plano Miller Club, Inc. v. Alan Steen, No. 03-08-00661-CV (Tex. App.—Austin Jan. 13, 2011).published(Tex. App.—Eastland 2009, no pet.)
Show 7 more citing cases
- Roger Sluder v. Carole Joyce Ogden, No. 03-10-00280-CV, 2011 WL 116058 (Tex. App.—Austin Jan. 13, 2011).published(Tex. App.--Eastland 2009, no pet.)
- Bahar v. Lyon Fin. Servs., Inc., 330 S.W.3d 379 (Tex. App.—Austin 2010).published (Tex.App.-Eastland 2009, no pet.)
- Valerie Thomas Bahar v. Lyon Fin. Servs., Inc., No. 03-09-00581-CV (Tex. App.—Austin Nov. 5, 2010).published (Tex. App.--Eastland 2009, no pet.)
- in the Interest of R.T.M. & I.M., Child., No. 06-14-00063-CV (Tex. App.—Texarkana Dec. 4, 2014).published(Tex. App.—Eastland 2009, no pet.)
- Tommy Delesandri v. Rojay, LLC, No. 11-10-00236-CV, 2012 WL 4465361 (Tex. App.—Eastland Sept. 20, 2012).published(Tex. App.—Eastland 2009, no pet.)
- Valerie Thomas Bahar v. Riecke Baumann, No. 03-09-00691-CV, 2011 WL 4424294 (Tex. App.—Austin Sept. 23, 2011).published (Tex. App.—Eastland 2009, no pet.)
- Amparo Neira v. Frost Nat'l Bank, No. 04-09-00224-CV (Tex. App.—San Antonio Mar. 10, 2010).published(Tex. App.—Eastland 2009, no pet.)
At page 739 Reviewing trial court order imposing sanctions on counsel1 citing caseTex.App.—Eastland 2009, no pet.
- St. Mina Auto Sales, Inc. v. Najwa Al-Muasher, 481 S.W.3d 661 (Tex. App.—Houston [1st Dist.] 2015).published(Tex.App.—Eastland 2009, no pet.)
v.
Dennis and Debra GRIES, Appellees
OPINION
TERRY McCALL, Justice.This appeal is a companion case to Cause No. 11-06-00258-CV. Both appeals arise from an automobile accident. Dennis and Debra Gries, filed suit against appellants, Matbon, Inc. and William Edgar Hutton, for injuries they received in a collision that, occurred on May 11, 2005, on U.S. Highway 281 in Palo Pinto County. The appeal in Cause No. 11-06-00258-CV involves a review of the trial court’s judgment addressing the parties’ respective liabilities and damages after a jury trial on the merits. The instant appeal arises from the trial court’s postjudgment order imposing sanctions against counsel for Matbon. We dismiss Cause No. 11-06-00259-CV for want of jurisdiction.
Background, Facts
Appellees filed a motion seeking the imposition of sanctions against counsel for Matbon for activities that occurred prior to trial. The trial court considered the mo[*740] tion at a posttrial hearing held on August 28, 2006. The trial court subsequently entered an order on September 21, 2006, that imposed sanctions in the amount of $9,218 solely against “Patton Boggs, counsel for Defendant Matbon, Inc.”
Appellants, Matbon and Hutton, filed a single notice of appeal in Cause No. 11-06-00258-CV and the instant appeal. The notice of appeal provides as follows:
In accordance with Texas Rules of Appellate Procedure 25.1(a) and 26.1(a), Defendants Matbon, Inc. and William Edgar Hutton file this Notice of Appeal appealing the Final Judgment signed on June 20, 2006, and the Order on Plaintiffs Motions for Sanctions signed on September 21, 2006, in the above-captioned cause. The Defendants’ Motion for New Trial or, Alternatively, Motion for Remittitur was denied by the Court on August 30, 2006. This appeal is taken to the Eleventh Court of Appeals in Eastland, Texas.
Analysis
As noted in the preceding section, the notice of appeal does not list Patton Boggs, LLP, as an appellant. We recently addressed a similar situation in Williams v. Colthurst, 253 S.W.3d 353, 367 (Tex.App.-Eastland 2008, no pet.). Colthurst also involved the appeal of an order imposing sanctions solely against the appellants’ attorney. The attorney in Colthurst did not file a notice of appeal. We held that the appellants lacked standing to challenge the sanctions order on appeal because the appellants were not harmed by the imposition of sanctions against their attorney. Id. We cited Torrington Co. v. Stutzman, 46 S.W.3d 829, 843 (Tex.2000), and Texas Workers’ Compensation Insurance Fund v. Mandlbauer, 988 S.W.2d 750, 752 (Tex.1999), for the proposition that “Texas courts have long held that appealing parties may not complain of errors that do not injuriously affect them or that merely affect the rights of others.” We also noted that the supreme coui't has expressly reserved the question at issue for future consideration in Braden v. Downey, 811 S.W.2d 922, 928 n. 6 (Tex.1991) (“We express no opinion on the question whether, in order to seek review of sanctions by appeal, an attorney must perfect a separate appeal apart from that perfected by his client.”).
Standing is a component of subject-matter jurisdiction. Brown v. Todd, 53 S.W.3d 297, 305 (Tex.2001). Subject-matter jurisdiction cannot be waived or conferred by agreement, and it must be considered by a court sua sponte. Univ. of Tex. Sw. Med. Ctr. of Dallas v. Loutzenhiser, 140 S.W.3d 351, 358 (Tex.2004). “A party who seeks to alter the trial court’s judgment or other appealable order must file a notice of appeal.” Tex.R.App. P. 25.1(c). Under our holding in Colthurst and the requirements of the Rules of Appellate Procedure, we have no jurisdiction to consider the imposition of sanctions against Patton Boggs, LLP, because it has not filed or joined in a timely notice of appeal.
This Court’s Riding
The appeal is dismissed for want of jurisdiction.