Procedure; Litigation: Commercial; Litigation: Personal Injury; Criminal

Trantham v. Isaacks

Fort Worth – 1/25/07 – 2-06-184-CV

Justice Holman

Frivolous suit sanction was not an abuse of discretion.

P sought a declaratory judgment regarding statements he had made in a newspaper article about D, the Denton county Criminal District Attorney. P sought determinations of his potential tort liability for defamation and D’s guilt in connection with an alleged violation of Penal Code 36.02. P non-suited one day before the hearing on D’s jurisdiction plea. D filed a motion for sanctions, and the trial court ordered P to pay D $7,769 in sanctions. Held: Affirmed. A potential defendant may not use a declaratory judgment action to determine potential tort liability, nor can a civil court issue a declaratory judgment to render naked declarations of rights, status, or other legal relationships arising under a penal statute. Evidence supports the trial court finding that P’s suit was filed for the improper purpose of harassing D.