Westwood Shores Country Club and Tim Williams, Appellants/Cross-Appellees v. Bert Lee Hendrickson, Sr., Appellee/Cross-Appellant
2013 Tex. App. LEXIS 603
Tex. App.2013Background
- Williams owns Westwood Shores Country Club; Hendrickson owns property subject to deed restrictions requiring maintenance fees, and resides in Harris County.
- Williams sued in Justice Court in 2005 for maintenance and late fees; Hendrickson was not served until 2009; a venue transfer motion and sanctions against Williams followed.
- Justice Court awarded Hendrickson $3,000 in sanctions for improper venue; Williams sought trial de novo in the county court at law and filed a certiorari petition.
- County court at law held some maintenance/late fees timely but limited by statutes; awarded Williams $1,500 in attorney’s fees and Hendrickson $12,500 in sanctions against Williams.
- Appellants appeal to the Twelfth Court of Appeals challenging jurisdictional issues; Hendrickson cross-appeals challenging damages.
- The appellate court holds the county court at law lacked subject matter jurisdiction and dismisses the case for want of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the county court at law have jurisdiction over the appeal from the justice court? | Williams contends proper appellate review by the county court at law. | Hendrickson argues timely, proper appellate process was not satisfied due to bond/filing failures. | No jurisdiction; dismissal for want of jurisdiction. |
| Was a writ of certiorari properly issued to review the justice court judgment? | Williams timely sought certiorari relief in the county court at law. | No bond was filed under Rule 580, and the writ was not issued timely or at all. | No writ issued; county court at law lacked certiorari jurisdiction. |
| Did failure to file an appellate bond bar the county court’s review? | Williams relies on certiorari and other remedies to obtain review. | Rule 580 bond deficiency deprived the county court of jurisdiction. | Yes; absence of the required bond bars review. |
Key Cases Cited
- Searcy v. Sagullo, 915 S.W.2d 595 (Tex. App.—Houston [14th Dist.] 1996) (appeal from justice court; timeliness matters for jurisdiction)
- Searcy v. Sagullo, 915 S.W.2d 597 (Tex. App.—Houston [14th Dist.] 1996) (timeliness of appeal bond under jurisprudence cited)
- Ramsey v. Morris, 578 S.W.2d 809 (Tex. Civ. App.—Houston [1st Dist.] 1979) (certiorari; historical overview of function and remedy)
- Cluck v. Cluck, 699 S.W.2d 246 (Tex. App.—San Antonio 1985) (rendition of judgment includes oral pronouncement)
- Texas Ass’n of Business v. Texas Air Control Bd., 852 S.W.2d 440 (Tex. 1993) (subject matter jurisdiction is a question of law reviewable de novo)