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McGuire v. Abbott

Court of Appeals of Texas, Second District, Fort Worth

November 30, 2017

JAMES A. MCGUIRE, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED IN THE STATE OF TEXAS APPELLANT
v.
GREG ABBOTT, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF TEXAS AND OFFICIAL CAPACITY AS CEO OF THE STATE OF TEXAS APPELLEE

         FROM THE 17TH DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 017-290364-17

          PANEL: SUDDERTH, C.J.; WALKER and MEIER, JJ.

          MEMORANDUM OPINION [1]

          BILL MEIER JUSTICE

         Pro se Appellant James A. McGuire, on behalf of himself and all others similarly situated in the State of Texas, appeals from an order granting a jurisdictional plea in favor of Appellee Greg Abbott, in his official capacity as Governor of the State of Texas, and dismissing the underlying lawsuit. We will affirm.

         McGuire sued Governor Abbott for a declaration that property code section 51.0001(4)(C) is facially "ambiguous, vague, overbroad, or possibly illegal, and violates the Texas Constitution." Chapter 51 of the property code addresses foreclosure sales of real property under contract liens. See Tex. Prop. Code Ann. §§ 51.0001‒.016 (West 2014 & Supp. 2016). Section 51.0001 defines terms applicable to the chapter, and under section 51.0001(4)(C), "Mortgagee" means "if the security interest has been assigned of record, the last person to whom the security interest has been assigned of record." Id. § 51.0001(4)(C).

         Among other assertions, McGuire alleged that section 51.0001(4)(C),

• "allows personal property transactions to be misrepresented as real property transactions";
• "makes no clarification as to whether a security interest was 'lawfully' assigned of record, or whether a security interest was allowed even if the security interest was a Chapter 9 security interest assigned";
• "allow[s] . . . an instrument filed of record under another Texas law, " such as local government code section 192.007(a), to "be rendered a nullity";
• "deprives the statutory[] and constitutional rights of other existing Texas laws";
• "is vague enough to allow for transactions governed by section [] 322.016 of [the] Texas Uniform Electronic Transactions Act to be given the effect of full force of law";
• "is vague enough to deprive the county clerks of revenue regarding filing fees";
• "is vague enough to deprive the Secretary of State of revenue regarding filing fees"; and
• will lead to "paper rights case law [to] become a thing of the past[] and abstract rights [to] become the new property rights law regarding real property." (footnotes ...

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