RAFFAELE PANDOZY PH v. THE CITY OF DALLAS (2010)

MEMORANDUM OPINION

Opinion By Justice O'Neill

Appellant Raffaele M. Pandozy, Ph.D has filed a notice of restricted appeal from a judgment granted in favor of the City of Dallas.   The judgment that Pandozy attempts to appeal is against Dallas Texas' Rose Garden, Inc. The judgment requires Rose Garden, who owns a residential building in the City of Dallas, to repair numerous code violations and obtain a valid certificate of occupancy or cease operating as a multi-family dwelling.   The judgment also assesses civil penalties against Rose Garden.   Rose Garden did not appeal the trial court's judgment.   Acting pro se, Pandozy filed a notice of restricted appeal seeking reversal of the judgment.   According to his brief, Pandozy is the “acting treasurer and the secretary” of Rose Garden.

Generally, only parties to an action have standing to appeal.  Continental Cas. Co. v. Huizar, 740 S.W.2d 429, 430 (Tex.1987);  Bell v. Sharif-Munir-Davidson Dev. Corp., 738 S.W.2d 326, 332 (Tex.App.-Dallas 1987, writ denied);  Johnson v. Johnson, 841 S.W.2d 114, 115 (Tex.App.-Houston [14th Dist.] 1992, no writ).   An exception to this general rule exists under the doctrine of virtual representation.  Johnson, 841 S.W.2d at 115.   To demonstrate standing as a party under this doctrine, the person attempting to appeal must show that he is bound as a privy to the judgment.   Benson v. Anderson, 899 S.W.2d 272, 275 (Tex.App.-Houston [14th Dist.] 1995, writ denied).   Pandozy's evidence showing that he was the corporate representative in the litigation below does not establish Pandozy is bound as a privy to the judgment.   Cf. Hassler v. Texas Gypsum Co., Inc., 525 S.W.2d 53, 54 (Tex.Civ.App.-Dallas 1975, no writ) (corporate officer not liable for debts of corporation).   Pandozy was not a party to the judgment and has not established he is bound by the judgment.   Further, Pandozy, acting pro se, cannot represent Rose Garden's interest.   Because Pandozy was not a party below, he has no standing to bring this appeal.   See Tri-State Salvage Co. v. City of El Paso, 08-08-00250-CV, 2009 WL 641300 * 1 (Tex.App.-El Paso Mar. 12, 2009, no pet.) (memorandum opinion).   Therefore, we dismiss this appeal for want of jurisdiction.

090587F.P05

MICHAEL J. O'NEILL JUSTICE