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In re A Purported Judgment Lien Against Barcroft

Under Texas Government Code '51.902(c), the trial court's ruling on a motion is unappealable if rendered in substantially the form provided in '51.902(g); thus, under the plain language of the statute, the court of appeals authority is limited to ensuring that the trial court make its ruling in the form required by the statute.

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Chief Justice Cornelius

OPINION

Albert Barcroft appeals the trial court’s order of May 4, 2001, denying his “Motion for Judicial Review of a Documentation Purporting to Create a Judgment Lien.” See Tex. Gov’t Code Ann. � 51.902 (Vernon 1998). Subsection (a) of that section authorizes a district court having jurisdiction over real property matters in the county where a lien document is filed to review the purported lien. A motion for such a review must allege that there has been filed with the county clerk documentation, attached to the motion, purporting to have been rendered on the basis of a judgment, act, order, directive or process of a court, judicial entity, or judicial officer; and, further, must allege that the purported court, judicial entity, or judicial officer is not legally created or established under the Constitution or laws of this State or of the United States, and therefore, the documentation should not be accorded lien status. The motion also must request that the court review the documentation and enter an order determining whether it should be accorded lien status.

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