Dennis Fisher and Sheryl Fisher v. Pine Village North Asociation

Summary

The First District Court of Appeals of Texas affirmed a judgment in favor of Pine Village North Association in a dispute involving unpaid homeowners’ association assessments, foreclosure, and the association’s authority to sue. The court held that the Fishers’ challenges concerned capacity rather than standing and were waived because they did not file a properly verified pleading under Texas Rule of Civil Procedure 93.

Holdings

1. The Fishers' statute-based complaints that the HOA lacked legal authority to bring suit challenged the HOA's capacity to sue, not its standing or the trial court's subject-matter jurisdiction.
2. The Fishers waived their capacity challenge because their answers were not verified as required by Texas Rule of Civil Procedure 93, and their verified Rule 12 motions to show authority did not satisfy Rule 93.
3. The Fishers' pro se status did not excuse their failure to comply with Rule 93 because the rule's application did not depend on their state of mind.

Questions Presented

1. Whether the Fishers' challenges to the HOA's corporate status and authority to sue were standing challenges implicating subject-matter jurisdiction or capacity challenges.
2. Whether the Fishers preserved a capacity challenge under Texas Rule of Civil Procedure 93 by filing a verified pleading.
3. Whether the trial court's judgment was void or otherwise reversible because the HOA allegedly lacked standing or capacity to bring suit.

Disposition

affirmed