El Caballero Ranch, Inc. A/K/A El Caballero, LLC and Laredo Marine, LLC v. Grace River Ranch, LLC, 04-15-00127-CV

Background

Grace River Ranch (Grace River) owns a ~6,779-acre tract and claimed two recorded 80-foot vehicular/pedestrian access easements (Northerly and Easterly) created in 1995 across property later owned by El Caballero Ranch and 7 C’s Ranch (Laredo Marine).
The easements were appurtenant, non-exclusive, required servient owners to provide keys for gates, and were recorded; additional private and a public (county) easement run along the same route.
After Grace River purchased the dominant estate in 2012, it obtained permits and a GLO miscellaneous easement to repair a low-water river crossing; it requested keys and access in February 2013, and servient owners refused.
El Caballero recorded a unilateral “Notice of Revocation and Termination” claiming abandonment, failure of purpose, and impossibility; Grace River sued for declaratory and injunctive relief and damages.
The trial court granted summary judgment(s) in favor of Grace River on the validity and continuity of the private and public easements and entered a Partial Summary Judgment that included permanent injunctive terms (ordering keys, removal of obstructions, and prohibiting interference). Appellants appealed interlocutorily under TEX. CIV. PRAC. & REM. CODE § 51.014(a)(4).

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the interlocutory appeal is authorized because the Partial Summary Judgment included injunctive relief	Grace River: The interlocutory order actually granted a permanent injunction as to easement validity and enforcement, so no interlocutory appeal under the temporary-injunction statute lies	El Caballero: The order is interlocutory and therefore amounts to a temporary injunction appealable under § 51.014(a)(4)	Court is urged to dismiss for lack of jurisdiction because the order functionally grants a permanent injunction resolving the easement claims (not a temporary injunction)
Whether Judge Saxon had authority to sign/enter the Partial Summary Judgment after her retirement	Grace River: Saxon rendered rulings before retirement; a retired judge may sign to effect a prior rendition and was assigned to the case to carry out that rendering	El Caballero: Objection to assignment and to Saxon’s post-retirement participation; claimed lack of authority	Grace River: Saxon had residual/ministerial authority to sign consistent with her earlier rendition and assignment by the regional presiding judge
Whether the injunction constituted “new relief” not previously requested	Grace River: Injunctive relief was pleaded and requested throughout; the summary judgment simply enforced the previously-claimed easement rights with corresponding injunctive relief	El Caballero: Characterized injunction as new or beyond the scope of prior proceedings	Court is urged to view the injunction as ancillary to and consistent with adjudication of easement validity (not new relief)
Whether Saxon continued to participate in the case improperly after entry or otherwise exceeded authority	Grace River: No record support that Saxon continued to adjudicate post-entry matters or that she acted beyond signing a judgment consistent with her prior rulings	El Caballero: Claimed Saxon considered post-judgment pleadings (e.g., county objections)	Grace River: Record lacks support for continued improper participation; any further motions were not adjudicated by Saxon in a manner affecting jurisdiction

Key Cases Cited

Aloe Vera of Am., Inc. v. CIC Cosmetics Int’l Corp., 517 S.W.2d 433 (Tex. Civ. App.—Dallas 1974) (interlocutory judgment may include permanent injunctive relief)
Brelsford v. Old Bridge Lake Cmty. Serv. Corp., 784 S.W.2d 700 (Tex. App.—Houston [14th Dist.] 1989) (same)
Gensco, Inc. v. Thomas, 609 S.W.2d 650 (Tex. Civ. App.—San Antonio 1980) (character of injunction determined by substance and function)
Quest Commc’ns Corp. v. AT&T Corp., 24 S.W.3d 334 (Tex. 2000) (substance-over-form analysis for injunctive relief)
Greene v. State, 324 S.W.3d 276 (Tex. App.—Austin 2010) (retired judge may perform ministerial act to sign judgment reflecting prior rendition)
Texas Life Ins. Co. v. Texas Bldg. Co., 307 S.W.2d 149 (Tex. Civ. App.—Fort Worth 1957) (same principle on post-rendition signing by judge)
In re Canales, 52 S.W.3d 698 (Tex. 2001) (procedural point on effect of assignment/objection to visiting judge)