QUESTION

Misconduct of Judge

Asked on Aug 03rd, 2023 on Litigation - Texas
More details to this question:
Hi, we filed a small claim against a local business who advertise as Splash Boat Sales and Rentals according to their street sign, Face Book business page, and the Chamber of Commerce. The judge, who knew the business owner and was chatty with him before hand, dismissed our case bc the defendant stated we sued Splash Boat Rentals instead of Splash Boat Sales. For one, if it’s 2 diff entities how would ANYONE know this, and for 2, the judge took his word for it without asking for proof of this from defendant which I tried to do but she shit me down and dismissed it. She and her husband do know the business owner. By law I didn’t think a judge could make a ruling based on the word of any party and that it had to be proved with evidence. We didn’t get to show anything.
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1 ANSWER

Commercial Litigation Attorney serving Frisco, TX at Reid Dennis & Frick, PC
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A quick two-minute check of the Texas Secretary of State's online business records very quickly confirms that there are in fact two different limited liability companies:  Splash Boat Sales, L.L.C. and Splash Boat Rentals, L.L.C. located at the same address in Kingsland, Texas.  There is nothing wrong or illegal about two companies--particularly two pretty obviously related companies--operating out of the same address.  It would also not be wrong or illegal for both companies to share the same owner(s) and/or employee(s).A person doing business with either one or both of these companies would be wise to determine which entity they are doing business with.  It would seem to make logical sense to me that if you were renting a boat, you were likely dong business with Splash Boat Rentals, L.L.C. and if you were buying a boat, you were likely doing business with Splash Boat Sales, L.L.C., but what documents were involved in the transaction--whether a rental agreement or a bill of sale for example--will ultimately provide evidence of which entity was participating in that transaction.They both sound to me like the type of businesses likely to have a fair number of small claims, so a small claim courts judge may very well have encountered this problem before.  As the plaintiff, you have the burden of proof which means you have to prove that the entity you sued is the correct entity--the one you did business with.  The judge may simply be saving you some time so your statute of limitations doesn't expire before you can sue the correct legal entity.
Answered on Aug 15th, 2023 at 11:29 AM

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