Judge Alfonso Charles denied a motion by plaintiff Brian Smale who submitted the motion for sanctions against 402nd District Judge Jeffrey Fletcher and Court Coordinator Kim Carpenter.

Smale was a no-show for the proceedings Friday. According to Wood County bailiffs, Smale had been seen at the courthouse earlier in the day but was not in the courtroom at the scheduled 3:30 p.m. hearing.

Judge Charles sanctioned Smale to pay $500 and ruled he must also pay attorney’s fees when they are determined.

Smale’s original case was Brian A. Smale (plaintiff) vs. Glenn Thurman Builder, Inc. a/k/a Rose Hill Springs development, LLC (defendant) and Wood County Commissioner’s Court (defendant).

Smale was denied a restraining order and temporary injunction he filed in Judge Fletcher’s court Aug. 29 to stop plans to begin work on the Rose Hill Springs Subdivision north of Mineola being developed by Thurman. After Judge Fletcher’s denial, Smale filed a motion for recusal the next day, Aug. 30.

Wood County commissioners had previously approved the subdivision June 28. Smale contended there was no drainage plan on the Rose Hill plat. Smale represented himself at the initial hearing. 

Attempts to reach Smale by phone for comments were unsuccessful.