Houston v. Queen
Houston v. Queen
Opinion of the Court
MEMORANDUM RULING
Before the Court is the Defendant EP Energy E & P Company, L.P.’s Motion To Dismiss for Lack of Subject Matter Jurisdiction under the Rooker-Feldman doctrine. [Record Document 18].
I. Background
Plaintiffs Michael Houston and Steve Houston (hereinafter collectively referred to as the “Houston Brothers”) filed this complaint seeking declaratory judgment and injunctive relief against EP Energy E & P Company, L.P. (“EP Energy”) and Vernetta Queen (hereinafter referred to as “Queen”), the administrator of the Succession of Daisy Cotton. [Record Document 1, p. 8].
The Houston Brothers have presented this matter to multiple federal and state courts.
The Houston Brothers contend the 42nd J.D.C.’s judgment is void, because it lacked subject matter jurisdiction and its judgment is the product of fraud. [Record Document 1, p. II].
The Houston Brothers’ complaint calls upon this Court to render thirteen declaratory judgments, all of which would require this Court to review and reverse the 42nd J.D.C.’s decision.
EP Energy filed the instant Motion To Dismiss for Lack of Subject Matter Jurisdiction under the Rooker-Feldman Doctrine. [Record Document 18]. Queen also filed a Motion To Dismiss for Lack of Jurisdiction, based on grounds other than the Rooker-Feldman doctrine, and a Motion To Dismiss for Failure To State a Claim. [Record Document 12]. The Houston Brothers filed a Memorandum in Opposition to EP Energy’s Motion To Dismiss. [Record Document 25]. EP Energy filed a Reply Memorandum in Support of the Motion To Dismiss for Lack of Subject Matter Jurisdiction. [Record Document 27]. The Houston Brothers then filed a Supplemental Memorandum in Opposition To EP Energy’s Motion To Dismiss For Lack of Subject Matter Jurisdiction. [Record Document 34].
II. Subject Matter Jurisdiction as the Threshold Issue
The Court must address the Rooker-Feldman doctrine before other issues because it raises a jurisdictional question. See Truong v. Bank of Am., N.A., 717 F.3d 377, 381-82 (5th Cir. 2013). The Court must dismiss an action if it determines that it lacks subject matter jurisdiction. Fed.R.Civ.P. 12(b)(1); 12(h)(3). This requires the Court to determine whether the Rooker-Feldman doctrine applies to both EP Energy and Queen. The party asserting jurisdiction bears the burden of establishing that the Court has subject matter jurisdiction. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377, 114 S.Ct. 1673, 1675, 128 L.Ed.2d 391 (1994). In determining the existence of subject matter jurisdiction, this Court may rely on the following: “(1) the complaint alone; (2) the complaint supplemented by undisputed facts evidenced in the record; or (3) the complaint supplemented by undisputed facts plus the court’s resolution of disputed facts.” Barreras-Montenegro v. United States, 74 F.3d 657, 659 (5th Cir. 1996).
III. Law and Analysis
Under the Rooker-Feldman doctrine, a federal district court may not reverse or modify final state court judgments. See Rooker v. Fid. Trust Co., 263 U.S. 413, 44 S.Ct. 149, 68 L.Ed. 362 (1923); D.C. Court of Appeals v. Feldman, 460
The Rooker-Feldman doctrine applies exclusively to “cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments.” Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284, 125 S.Ct. 1517, 1521-22, 161 L.Ed.2d 454 (2005). The Fifth Circuit has noted that “the Rooker-Feldman doctrine generally applies only where a plaintiff seeks relief that directly attacks the validity of an existing state court judgment.” Weaver v. Texas Capital Bank N.A., 660 F.3d 900, 904 (5th Cir. 2011).
A “hallmark” of the Rooker-Feld-man doctrine is the “source of the federal plaintiffs alleged injury.” Truong, 717 F.3d at 382. The Rooker-Feldman doctrine does not preclude federal jurisdiction “[i]f a federal plaintiff ‘present[s] some independent claim, albeit one that denies a legal conclusion that a state court has reached in a case to which he was a party.’ ” Exxon Mobil Corp., 544 U.S. at 293, 125 S.Ct. at 1527 (quoting GASH Assocs. v. Village of Rosemont, Ill., 995 F.2d 726, 728 (7th Cir. 1993)).
The Houston Brothers request the Court to review and reject a Louisiana state court’s judgment rendered against them, as well as the Illinois state court judgment recognized by the Louisiana state court. The Louisiana state court judgment was rendered before the Houston Brothers filed this suit. [Record Document 8-3, pp. 1-2]. The Houston Brothers argue their forced heirship and fraud claims are independent claims for purposes of the Rooker-Feldman doctrine. However, the Rooker-Feldman doctrine bars the Houston Brothers’ claims because they are complaining of injuries caused by the state court’s judgment and seeking relief that directly attacks the state court’s judgment. See Morris v. Am. Home Mortgage Servicing, Inc., 443 Fed.Appx. 22, 24 (5th Cir. 2011) (Rooker-Feldman bars a complaint alleging a foreclosure judgment or writ of possession was unlawful when the injuries arose from the state court judgment). However, the Houston Brothers argue their complaint presents claims exempt from the Rooker-Feldman doctrine. This Court will examine each of the claims that the Plaintiffs argue are exempt.
A. Forced Heirship
The Houston Brothers contend their forced heirship claims are independent of the Judgment of Possession for purposes of the Rooker-Feldman doctrine because their status as forced heirs is independent of a will and neither brother was present for the “sham trial.” [Record Document 25-1, pp. 18-19], The Houston Brothers rely on Akin v. Louisiana Nat. Bank of Baton Rouge, 322 F.2d 749, 754 (5th Cir. 1963) to argue “the rights of forced heirs exist independently of a will.” [Record Documents 25-1, p. 18; 29-1, p. 10]. First, the quoted language from Akin refers to forced heirship in the context of the probate exception, not the Rooker-
B. Void Ab Initio Exception
The Houston Brothers contend the void ab initio exception to the Rooker-Feldman doctrine applies here, because the 42nd J.D.C. rendered its decision based on fraud and lacked personal or subject matter jurisdiction. [Record Document 25-1, p. 7]. Under the void ab initio exception, a federal court may review a case entered in a state court if the state court proceedings are a legal nullity and void ab initio. See In re James, 940 F.2d 46, 52 (3d Cir. 1991). The underlying concept is that “[a] state court judgment is subject to collateral attack if the state court lacked jurisdiction over the subject matter or the parties, or the judgment was procured through extrinsic fraud.” In re Lake, 202 B.R. 751, 758 (B.A.P. 9th Cir. 1996). Although the Houston Brothers conflate the concepts of subject matter jurisdiction, personal jurisdiction, and fraud by officers of the state court, this Court will address those issues separately.
1. Jurisdiction of the State Court
The initial question before this Court is whether it needs to make an independent assessment of whether the state court had jurisdiction before applying the Rooker-Feldman doctrine. Neither the Fifth Circuit nor the United States Supreme Court has endorsed the ab initio exception as the Houston Brothers articulate it.
As Judge Adams explained, the Houston Brothers requested the court grant them possession of the immovable property but “repeatedly] objected to this Courts [sic] exercising jurisdiction over these proceedings which involves [sic] immovable property located in DeSoto Parish” when the “heart of this dispute is the validity of a Will executed in Illinois and its effect on the property in Louisiana.” [Record Document 12-5, p. 3], As Judge Adams put it, the Houston Brothers “asked [him] to exercise [his] jurisdiction in their favor.” Id.
As to the state court’s exercise of personal jurisdiction over the Houston Brothers, the portions of the state court record that are before this Court reveal that the Houston Brothers at the very least have waived by their appearance in the state court proceedings any objection to a lack of personal jurisdiction. The state court record shows the Houston Brothers requested the state court place them in possession of the immovable property; they disputed the validity of Mack Houston’s will; they were “personally present” for the status conference in which the court set a trial date; they filed motions to recuse both judges of DeSoto Parish; and they filed a motion for continuance on the day of trial. Id. at pp. 2-4. The Houston Brothers’ engagement with the state court constituted an appearance of record that waived any defect as to personal jurisdiction against them. La.Code Civ. Proc. art. 6A(3) (the exercise of personal jurisdiction requires “(3) The submission of the party to the jurisdiction of the court by commencing an action or by the waiver of objection to jurisdiction by failure to timely file the declinatory exception.”); Poret v. Billy Ray Bedsole Timber Contractor, Inc., 31,531 (La.App. 2 Cir. 1/22/99), 729 So.2d 632, 633 (filing an answer to plaintiffs petition was an appearance of record); Dazet Mortgage Solutions LLC v. Faia, 12-486 (La.App. 5 Cir. 4/10/13), 116 So.3d 711, 716 (defendants’ answer and subsequent pleadings were appearances of record that waived the jurisdictional defect).
Most importantly, the issue of whether the state court had personal and subject matter jurisdiction was addressed by the
2. Fraud
Next, the Court turns to the Houston Brothers’ contention that this case falls under the fraud exception to the Rooker-Feldman doctrine. [Record Documents 25-1, pp. 15-18; 29-1, p. 5], The Houston Brothers rely on Kougasian v. TMSL, Inc., 359 F.3d 1136, 1141 (9th Cir. 2004), a Ninth Circuit case which holds the Rook-er-Feldman doctrine “does not bar subject matter jurisdiction when a federal plaintiff alleges a cause of action for extrinsic fraud on a state court and seeks to set aside a state court judgment obtained by that fraud.”
In the Fifth Circuit, the relevant inquiry is whether fraud allegations are independent for purposes of the Rooker-Feldman doctrine. See Truong, 717 F.3d at 384 n. 3 (explaining “[tjhere is, of course, no general rule that any claim that relies on a fraud allegation is an ‘independent claim’ for Rooker-Feldman purposes.”). The Houston Brothers’ decision to frame their fraud claim as a civil rights action for injuries arising from a state court’s judgment does not confer this Court with the jurisdiction necessary to review and invalidate the Judgment of Possession. See Price v. Porter, 351 Fed.Appx. 925, 926-27 (5th Cir. 2009) (Rooker-Feldman bars Due Process and Fourteenth Amendment claims that a state court judge should have recused himself or herself due to a conflict of interest). The Houston Brothers’ fraud claims were addressed in the state court. The 42nd J.D.C. considered whether officers of the court were conspiring to defraud the Houston Brothers and found the allegation “totally and completely groundless.” [Record Document 12-5, p. 4].
Similarly, the Houston Brothers’ fraud claims relating to Queen are not independent of the Judgment of Possession. The Houston Brothers contend the Estate of Daisy Cotton, of which Queen is the administrator, made false and misleading statements under oath and had “not filed a valid petition for possession.” Id. at pp. 11, 13, 33. This is not an independent claim, because in rendering its judgment, the state court would have determined a valid petition for possession was filed. The Judgment of Possession expressly
Furthermore, for purposes of the Rooker-Feldman doctrine, an allegation of fraud must state a claim against the defendants for damages rather than call upon the federal court to review and reverse a state court judgment. See Truong, 717 F.3d at 382-83 (distinguishing between seeking relief based on injuries arising from a state court judgment versus seeking damages for an allegedly illegal act or omission by an adverse party); Morris, 443 Fed.Appx. at 24 (Rooker-Feldman bars an independent unlawful debt collection claim when the losing party only seeks to set aside the state foreclosure judgment and stay the execution of the writ of possession); Turner v. Cade, 354 Fed.Appx. 108, 111 (5th Cir. 2009) (Rooker-Feldman bars a claim against the prevailing party and his attorneys for conspiring and colluding with the trial judge when ruling for the losing party would require the federal district court to overturn a state court’s judgment regarding an unexecuted sale of immovable property and divorce proceedings); Magor v. GMAC Mortgage, L.L.C., 456 Fed.Appx. 334, 335-36 (5th Cir. 2011) (Rooker-Feldman bars a claim the parties fi’audulently procured a foreclosure judgment because “reversal of the state court’s foreclosure judgment would be a necessary part of the relief requested”); Sookma v. Millard, 151 Fed.Appx. 299, 300 (5th Cir. 2005) (Rooker-Feldman bars the losing party’s claim that the parties to the state suit conspired with the judge to deprive her of civil rights when she sought to enjoin enforcement of the state court divorce decree and damages). Because the Houston Brothers only seek to set aside the 42nd J.D.C.’s Judgment of Possession, the Rooker-Feldman doctrine bars the Houston Brothers’ fraud claims as to both Defendants.
C. Final Judgment
The Houston Brothers contend the Rooker-Feldman doctrine only applies when state court proceedings are final and that the Judgment of Possession is not final because the Louisiana Supreme Court has not affirmed it. [Record Document 28-1, pp. 3-5]. Since Exxon Mobil Corp., the federal circuit courts have been split as to whether all state proceedings, including appeals, must be resolved before the federal suit begins in order for the Rooker-Feldman doctrine to apply. See Storyville Dist. New Orleans, LLC v. Canal St. Dev. Corp., 785 F.Supp.2d 579, 588-89 (E.D.La. 2011). However, this Court does not have to address the circuit split if the Court finds all state proceedings were resolved before the instant suit was filed. The
In summary, the Houston Brothers call upon this Court to review and reverse the Judgment of Possession of the 42nd J.D.C. of Louisiana.' The Rooker-Feldman doctrine applies, and this Court lacks subject matter jurisdiction to review the Houston Brothers’ complaint.
IV. Conclusion
For the foregoing reasons,
IT IS ORDERED that EP Energy E & P Company, L.P.’s Motion To Dismiss for Lack of Subject Matter Jurisdiction .[Record Document 18] be and is hereby GRANTED. All claims against both Defendants are DISMISSED WITHOUT PREJUDICE.
. Rooker v. Fid. Trust Co., 263 U.S. 413, 44 S.Ct. 149, 68 L.Ed. 362 (1923); D.C. Court of Appeals v. Feldman, 460 U.S. 462, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983).
. The 42nd J.D.C. of Louisiana titled its judgment as a "Judgment and Judgment of Possession.” [Record Document 8-3],
. The Houston Brothers are the grandsons of McKinley Houston and the sons of decedent Mack Houston, Jr., the son of McKinley Houston. [Record Document 1, p. 3]. The complaint alleges McKinley Houston owned a one-fourth interest in immovable property in DeSoto Parish when he died on June 22, 1983. Id. at p. 6. The Houston Brothers contend they are the forced heirs of Mack Houston, Jr. and entitled to the immovable property in DeSoto Parish that Mack Houston, Jr. inherited from McKinley Houston. Id. at p. 7.
. In 1997, the Circuit Court of Cook County, Illinois denied the Houston Brothers’ petition to contest the will of Mack Houston, Jr. [Record Document 12-3, p. 1]. The First Judicial District Appellate Court of Illinois affirmed the decision. [Record Document 12-4, p. 3], In 2005, the Houston Brothers filed a complaint against the El Paso Production Co., a previous incarnation of EP Energy, in the United States District Court for the Western District of Louisiana, Shreveport Division, Civil Action No. 05-0033. Judge Tom Stagg dismissed the complaint because the Houston Brothers had not taken the appropriate steps in the succession process necessary to exercise their forced heirship rights. [Record Document 8-1, p. 2]. The 42nd J.D.C.'s Judgment of Possession specifically found the Illinois state court fully addressed a number of issues pertaining to Mack Houston, Jr.’s will, which the Houston Brothers raise here, including but not limited to: the method of its execution; the validity of Mack Houston Jr.’s signature; the validity of the witnesses’ signatures; Mack Houston, Jr.’s alleged incapacity to execute the will due to blindness or other physical impairments; and Daisy Cotton’s alleged undue influence. [Record Document 8-3, p. 2],
. Throughout the complaint, the Houston Brothers assert "[t]he request and statements of Judge Adams were bias and prejudice [sic] because the court lacked jurisdiction over the succession proceedings of Illinois Domiciliary Mack Houston.” [Record Document 1, p. 62], As Judge Adams pointed out during the trial, the Houston Brothers repeatedly objected to the state court exercising jurisdiction over immovable property in DeSoto Parish but continuously requested the court to put them in possession of the property. [Record Document 12-5, p. 3],
. The Houston Brothers request the Court render the following thirteen declaratory judgments: first, the state court was without jurisdiction, because Mack Houston, Jr. owned no immovable or movable property situated in DeSoto Parish, Louisiana, which the complaint contends would void the Judgment of Possession; second, Mack Houston, Jr.’s will is not notarized, which makes it an "absolute nullity” under La. C.C. Art. 1573; third, the full faith and credit clause does not apply to probate judgments of immovable property; fourth, the state court's jurisdiction was based on a fraudulent descriptive list, which, according to the Houston Brothers, voids the entire proceeding; fifth, the state court lacked jurisdiction to hear Daisy Cot
. There is a split among the circuit courts regarding whether to recognize the void ab initio exception. See In re Keeler, 273 B.R. 416, 421 (D.Md. 2002) ("There is a split among the circuits as to whether there is a narrow exception to Rooker-Feldman for state judgments that are void ab initio,”); In re James, 940 F.2d at 52 (stating a federal court may review a state court judgment if the state court lacked personal or subject matter jurisdiction); In re Singleton, 230 B.R. 533, 538 (B.A.P. 6th Cir. 1999) (explaining a state court’s order is void ab initio and subject to collateral attack if the state court does not have subject matter jurisdiction); In re Lake, 202 B.R. at 758 (explaining a federal court may review a state court judgment if the state court lacked subject matter or personal jurisdiction); Schmitt v. Schmitt, 324 F.3d 484, 487 (7th Cir. 2003) ("acknowledging]" but "not endorsing],” the void ab initio exception); In re Ferren, 203 F.3d 559 (8th Cir. 2000) (declining to create a void ab initio exception to the Rooker-Feldman doctrine when a state court allegedly interfered with bankruptcy court jurisdiction); Casale v. Tillman, 558 F.3d 1258, 1261 (11th Cir. 2009) (declining to adopt a void ab initio exception based on the state court’s lack of jurisdictional authority); In re Thomas, 2006 WL 5217796 at *2 (Bankr.D.Md. Feb. 21, 2006) ("The Fourth Circuit has not addressed a void ab initio exception to the Rooker-Feldman doctrine.”).
. Louisiana Civil Code Article 2811 explicitly permits succession to be opened in the district court of any parish where the non-domiciliaiy decedent's immovable property is situated. Under Louisiana Civil Code Article 3401, ”[w]hen a nonresident dies leaving property situated in this state, a succession proceeding may be instituted in a court of competent jurisdiction in accordance with Article 2811.” No explanation is given for how either Article 2811 or Article 3401, which appear on their face to grant jurisdiction, deprived the 42nd J.D.C. of jurisdiction to hear a matter involving immovable property located in DeSoto Parish.
. The Houston Brothers reason that the Rook-er-Feldman doctrine is inapplicable to their fraud claims, because their allegation that EP Energy, through its attorney and Walter Hunter, Jr., conspired to control the 42nd J.D.C. is an independent claim. [Record Document 25-1, p. 12]. According to the transcript of the trial, Judge Adams rejected the Houston Brothers’ allegations of fraud “as totally and completely groundless” and determined such accusations constituted “direct contempt in order to gain a subversive advantage.” [Record Document 12-5, pp. 4-5],
Reference
- Full Case Name
- Michael HOUSTON v. Vernetta QUEEN
- Cited By
- 1 case
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- Published