709 S.W.3d 608
Tex.2025Background
- The State of Texas initiated condemnation proceedings to acquire land from REME, L.L.C., and special commissioners assessed damages at $1.1 million.
- On April 16, 2021, the State electronically filed the commissioners’ award (including blanks for judicial signatures) with the trial court clerk; the judge signed the award on April 19.
- The statutory deadline to object to the award is the first Monday after the 20th day from the commissioners’ filing "with the court."
- The State filed its objection on May 14—timely if the period started April 19 (judicial signing) but untimely if it started April 16 (clerk filing).
- The trial court held the objection was late, adopting the award and rendering judgment for REME; the appellate court reversed, holding that “with the court” requires judicial receipt.
- The Texas Supreme Court granted review to decide when the statutory objection period begins.
Issues
| Issue | Plaintiff's Argument (REME) | Defendant's Argument (State) | Held |
|---|---|---|---|
| When does the objection period start? | The filing date with the clerk controls. | Only judge's receipt triggers objection period. | Filing with court clerk starts objection period. |
| Does “file with the court” mean filing with the clerk? | Yes; rules and precedent make this clear. | No; must be judge's receipt/signature. | Yes; the court clerk’s receipt counts. |
| Impact of labeling as “proposed” award | Label is irrelevant—filing is effective. | Only final, signed awards should count. | The label does not affect triggering the period. |
| Effect of statutory recodification | Current text is clear—use plain meaning. | Previous law required judge's receipt. | No reason to depart from ordinary meaning. |
Key Cases Cited
- Jamar v. Patterson, 868 S.W.2d 318 (Tex. 1993) (defines filing as delivery to the clerk)
- Biffle v. Morton Rubber Indus., Inc., 785 S.W.2d 143 (Tex. 1990) (document deemed filed when in clerk’s custody)
- Standard Fire Ins. Co. v. LaCoke, 585 S.W.2d 678 (Tex. 1979) (filing occurs upon clerk’s control over instrument)
- MCI Sales & Serv., Inc. v. Hinton, 329 S.W.3d 475 (Tex. 2010) (plain language governs statutory interpretation)
- KMS Retail Rowlett, LP v. City of Rowlett, 593 S.W.3d 175 (Tex. 2019) (plain meaning applies unless context dictates otherwise)