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In re Emerson

Court of Appeals of Texas, Twelfth District, Tyler

October 17, 2019

IN RE: PHILIP J. EMERSON, JR., RELATOR

          ORIGINAL PROCEEDING

          Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

          MEMORANDUM OPINION

          Greg Neeley, Justice

         Philip J. Emerson, Jr., acting pro se, filed this original proceeding requesting that this Court order Respondent to vacate his September 12, 2019, order granting the motion for summary judgment filed by Robert E. Mead, Jr., and Lynwood Champion, the Real Parties in Interest (RPIs).[1] We deny the writ.

         Background

         Emerson sued the RPIs regarding real estate transactions conveying acreage in the wilderness area of Holly Lake Ranch. Emerson alleged the following against both Mead and Champion:

A. Relief Sought
141. Non-monetary relief in the form of declaration that the deeds for the WRA [Wilderness Recreation Area] to Mead, Big Sandy Creek Ranch, LLC, Camp Greenhead, LLC, and LAPA Champion are void, and monetary relief in the form of reimbursement to Plaintiff, me, Philip "PJ" Emerson Jr., of Plaintiff's expenses, together with costs.
142.In the alternative of quieting title, I ask that constructive and resultant trusts be imposed on Mead, and that constructive trust be imposed on Champion mandating the return of the property with damages. …
C. Plaintiff's, Individually and on Behalf of Those Similarly Interested, Interest in the Property
151. I have a justiciable interest in the WRA as it grants to me in two ways. First, as a member of HLRA [Holly Lake Ranch Association], and second, as a lot owner showing appurtenant recreating areas connecting to the subdivision my land is in. As shown in the excerpt to the plat for part I, section III, Holly Lake Ranch, the road going to the recreational area is not a court like the other streets in the subdivision.
D. Defendant's Claim as Cloud on Title
152. Beginning in 2004, my claim commenced when Silverleaf Resorts, Inc., transferred land in the Development's WRA to Mead.
153. On September 9, 2015, my claim commenced when Mead, by and through Camp Greenhead, LLC, sold part of the WRA to Champion, by and through LAPA Champion, and the two, Mead and Champion began to exclude lot owners ...

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