Rice v. Champion Buildings Inc.

The appellants' failure to properly file their motion to intervene in appellee's breach of contract and promissory estoppel suit against corporation appellants' owned doomed their argument that the trial court improperly refused to allow them to do so.

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This case provides yet another example of the dangers inherent in pro se litigation. After the trial court entered a default judgment against the Flying “R” Ranch, Inc., the Rices —the sole owners of the corporation —sought to have the judgment declared void. The trial court denied the motion, and this appeal followed. As the trial court ruled correctly, we affirm. Champion Buildings, Inc. sued Flying “R” Ranch, Inc., alleging breach of contract and promissory estoppel. Kathryn W. Rice and J. Andrew Rice, the officers of the corporation, filed a pro se answer on behalf of Flying R. Champion moved to strike the answer and for entry of a default judgment, which the trial court granted. The Rices appeal, arguing that the trial court erred in: 1 denying their motion to intervene; 2 exercising jurisdiction in the case and granting a default judgment to Champion; 3 awarding attorney fees to Champion; and 4 denying their “Third Party Motion to Declare Order Void.”

The record shows that Champion entered into two contracts for the sale of metal buildings. One contract lists the buyer as “Flying ‘R’ Ranch, Inc. c/o Andy & Taffy Rice” and the other lists the buyer as “Flying ‘R” Ranch c/o Andy & Taffy Rice;” both were signed by “Taffy and Andrew Rice.” On December 20, 2004, Champion filed its breach of contract action against Flying R. The Rices filed a pro se answer and counterclaim on behalf of the corporation, signing as “Owner, Flying R Ranch, Inc., Appearing Pro Se.” On February 10, 2005, Champion moved to strike Flying R’s answer and counterclaim on the grounds that the Rices were not licensed attorneys and moved for default judgment. The trial court scheduled a hearing on the motion for March 24, 2005.

Rice v. Champion Buildings Inc.

The appellants' failure to properly file their motion to intervene in appellee's breach of contract and promissory estoppel suit against corporation appellants' owned doomed their argument that the trial court improperly refused to allow them to do so.

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