John Vernon Hearnsberger v. Panola County, Texas Jack Ellett David Jeter and Ronald Clinton
06-16-00008-CV
| Tex. App. | Aug 26, 2016Background
- Pro se plaintiff John Vernon Hearnsberger sued Panola County, former sheriff Jack Ellett, and deputies David Jeter and Ronald Clinton for false imprisonment and malicious prosecution in district court.
- Defendants filed a motion to dismiss under Texas Civil Practice & Remedies Code §101.106(e)–(f) and asserted the County’s immunity on October 30, 2015.
- The district judge signed an order transferring the case to the Panola County Court at Law on December 14, 2015; the order was not filed until December 21, 2015.
- On December 15, 2015, the county court judge heard the dismissal motion (Hearnsberger had notice but did not appear) and signed an order dismissing all defendants.
- On appeal, Hearnsberger argued the county court lacked authority to hear the motion because the transfer order had not been filed, claiming a rules and due-process violation; he did not challenge the merits of the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the county court erred by hearing the motion before the transfer order was filed | Hearnsberger: hearing was improper because the transfer order was not of record; denied due process | Defendants: statutory and local rules allow courts in county to hear matters and sign orders even without formal transfer | Court: No reversible error; county court had authority under statute/local rule to hear and sign order |
| Whether appellant adequately preserved and briefed his procedural/due-process complaints on appeal | Hearnsberger: argued violation but provided no legal authority or explanation of how due process was violated | Defendants: points are inadequately briefed and thus waived | Court: Claims waived for failure to cite authorities and show how rights were violated |
Key Cases Cited
- Moseley v. Arnold, 486 S.W.3d 656 (Tex. App.—Texarkana 2016) (appellate brief requirements and citation to authority)
- In re U.S. Silica Co., 157 S.W.3d 434 (Tex. 2005) (district and county court judges may hear and enter orders in each other’s cases)
- In re M.A.W., 31 S.W.3d 372 (Tex. App.—Corpus Christi 2000) (authority of a judge to act in matter even absent formal transfer)
- Leyva v. Leyva, 960 S.W.2d 732 (Tex. App.—El Paso 1997) (failure to cite authority waives complaint)