tag:blogger.com,1999:blog-5868228445339771425.post2392678084127154948..comments2023-09-25T06:22:06.645-05:00Comments on COA.TX: Capacity to sue and standing are distinct, and also have different procedural implicationsMOTPhttp://www.blogger.com/profile/15883011307129083993noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-5868228445339771425.post-68366586049018455542013-01-16T12:22:18.489-06:002013-01-16T12:22:18.489-06:00A MOTION STATES THAT THE CORPORATION CHANGED ITS N...A MOTION STATES THAT THE CORPORATION CHANGED ITS NAME, AND THAT IS ALL, THEREFORE THEY DO NOT HAVE TO PROVE THE NAME CHANGE.<br /><br />I think the old entity dies and the next second the new one exists, if process is properly done. Therefore they do have to prove that the old one died, and the new one is in effect?<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5868228445339771425.post-63721420907624422822012-09-09T15:57:49.035-05:002012-09-09T15:57:49.035-05:00I believe the May 4 poster has misinterpreted the ...I believe the May 4 poster has misinterpreted the legal ramifications of the terms "may not maintain" in the statute. Similar constructions appear to indicate a possible affirmative defense, that must be raised in its proper moment -- as I read it the judgment is not "void" but "voidable". <br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5868228445339771425.post-5474908697761131102012-05-04T02:27:30.317-05:002012-05-04T02:27:30.317-05:00When the Secretary of State of Texas certified tha...When the Secretary of State of Texas certified that the status of the Assumed Name Certificate of a certain corporation was “EXPIRED”, any legal actions taken and Orders/Judgments obtained under that invalid Assumed Name have been VOID ab initio since its expiration date. <br /><br />Said corporation has been violating the BUSINESS AND COMMERCE CODE: Sec. 71.201 (Civil Sanction: it may not maintain in a court of this state an action or proceeding arising out of a contract or act until an original, new, or renewed certificate has been filed.) & Sec. 71.202 (Criminal Penalty: the offense is a Class A misdemeanor). <br /><br />The corporation would have no standing to sue until an original, new, or renewed certificate has been filed. Standing is a component of subject matter jurisdiction. Douglas v. Delp, 987 S.W.2d 879, 882 (Tex.1999). If a party is found to lack standing, the court is without subject matter jurisdiction to determine the action. See Pele Defense Fund v. Puna Geothermal Venture, 77 Hawai'i 64, 67, 881 P.2d 1210, 1213 (1994). "[i]f a court lacks jurisdiction over the subject matter of a proceeding, any judgment rendered in that proceeding is invalid." Bush v. Hawaiian Homes Comm'n, 76 Hawai'i 128, 133, 870 P.2d 1272, 1277 (1994).<br /><br />Thus, any orders or judgments rendered in favor of the corporation while it was factually and legally non-existent are VOID ab initio.Anonymousnoreply@blogger.com