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State ex Rel. Latty v. Owens

Supreme Court of Texas
Jun 8, 1995
907 S.W.2d 484 (Tex. 1995)

Summary

holding associate judge's order terminating father's parental rights became final and appealable when father failed to timely appeal to district court

Summary of this case from In re V.I.P.M.

Opinion

No. 95-0321.

June 8, 1995.

Appeal from the 336th District Court, Fannin County, Ray Grisham, J.

Dan Morales, Rhonda Amkraut Pressley, Austin, for petitioners.

David C. Turner, Bonham, for respondent.


A party who timely appeals from the report of a family court master is entitled to a hearing de novo before the referring court. TEX.GOV'T CODE § 54.012. In this case, we decide whether a district court's order adopting a master's report, that is signed after notice of appeal but before the required hearing, is a final appealable order. The court of appeals held that it was not. 893 S.W.2d 728. We disagree.

The State of Texas sued Kris Owens on behalf of Lorraine Latty at the request of the State of Louisiana under the Revised Uniform Reciprocal Enforcement of Support Act (RURESA), TEX.FAM.CODE §§ 21.01-.43, alleging that Owens was the father of Latty's minor child and therefore liable for support. The district court referred the case to a family court master, as permitted by section 54.005(a) of the Government Code. Based on court-ordered paternity tests, the master recommended that judgment be rendered against Owens ordering him to pay $135 per month in child support.

Act of July 19, 1987, 70th Leg., 2d C.S., ch. 49, § 1, 1987 Tex.Gen.Laws 145, amended by Act of May 26, 1993, 73rd Leg., R.S., ch. 970, § 1, 1993 Tex.Gen.Laws 4212 (current version at TEX.FAM.CODE ANN. §§ 21.01-.52). The amended statute, now entitled the Uniform Interstate Family Support Act, was effective September 1, 1993.

Owens timely appealed the court master's recommendations to the district court, triggering his right to a de novo hearing by that court. TEX.GOV'T CODE § 54.012. Before conducting this hearing, however, the district court signed an order adopting the master's report "as the orders of this Court." Eleven days later the district court held a hearing on Owens' appeal. After Owens objected to the introduction into evidence of the paternity test results because Latty had not named the expert who conducted the tests in response to Owens' interrogatories, the hearing was continued to allow Latty to supplement discovery.

When the hearing reconvened about a month later, Latty's discovery responses were still deficient and the district court, on Owens' objection, excluded the paternity test results as well as Latty's pleadings, exhibits and affidavits. Some 135 days after signing the order adopting the master's report, the district court issued another order concluding that Owens was not the father. The State appealed this second order.

The court of appeals reversed and remanded, concluding that the discovery sanctions imposed by the district court were an abuse of discretion under this Court's holdings in TransAmerican Natural Gas Corp. v. Powell, 811 S.W.2d 913 (Tex. 1991); Braden v. Downey, 811 S.W.2d 922 (Tex. 1991); and Chrysler Corp. v. Blackmon, 841 S.W.2d 844 (Tex. 1992). 893 S.W.2d at 732-33. We need not address the propriety of this holding because we conclude that the court of appeals lacked jurisdiction to consider the merits of this appeal.

Although the district court should have held a hearing on Owens' appeal before signing an order adopting the master's report, its failure to do so did not deprive it of jurisdiction to issue the order or make the order void. A judgment is void only when it is clear that the court rendering the judgment had no jurisdiction over the parties or subject matter, no jurisdiction to render judgment, or no capacity to act as a court. Mapco, Inc. v. Forrest, 795 S.W.2d 700, 703 (Tex. 1990) (per curiam) (citing Cook v. Cameron, 733 S.W.2d 137, 140 (Tex. 1987); Browning v. Placke, 698 S.W.2d 362 (Tex. 1985) (per curiam)); see also State Bar of Texas v. Gomez, 891 S.W.2d 243, 245 (Tex. 1994); Austin Indep. Sch. Dist. v. Sierra Club, 495 S.W.2d 878, 881 (Tex. 1973). Mere failure to follow proper procedure will not render a judgment void. See Ex parte Coffee, 160 Tex. 224, 328 S.W.2d 283, 291 (1959).

An order which purports to dispose of all issues and all parties, like the district court's first order, is a final appealable order. See, e.g., Hinde v. Hinde, 701 S.W.2d 637, 639 (Tex. 1985) (per curiam); Schlipf v. Exxon Corp., 644 S.W.2d 453, 454 (Tex. 1982) (per curiam) (citing North East Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893 (Tex. 1966)). Errors other than lack of jurisdiction must be attacked within the prescribed time limits. Cook, 733 S.W.2d at 140 (citing Browning, 698 S.W.2d at 363). When Owens did not timely appeal from the first order, it became final. The court of appeals erroneously determined that the district court's failure to hold a hearing deprived it of authority to adopt the master's report, so that the first order was without effect and the district court maintained jurisdiction.

Even though Owens timely requested a de novo hearing to contest the court master's recommendations and fully expected such a hearing to be set, he should have petitioned the district court to vacate the first order (which would have had the effect of a motion for new trial), timely appealed, or filed a bill of review. He did none of these. The court of appeals should have dismissed the State's appeal for lack of jurisdiction because the order appealed from was signed long after the district court's plenary jurisdiction had expired. TEX.R.CIV.P. 329b(d). Judicial action taken after the court's jurisdiction over a cause has expired is a nullity. See Times Herald Printing Co. v. Jones, 730 S.W.2d 648, 649 (Tex. 1987) (per curiam); First Alief Bank v. White, 682 S.W.2d 251, 252 (Tex. 1984) (per curiam); Ex parte Olivares, 662 S.W.2d 594, 595 (Tex. 1983).

While it is wholly unnecessary to appeal from a void judgment, it is nevertheless settled that an appeal may be taken and the appellate court in such a proceeding may declare the judgment void. Fulton v. Finch, 162 Tex. 351, 346 S.W.2d 823, 827 (1961). We declare the order appealed from void because it was signed after the district court's plenary jurisdiction expired. This leaves intact as the final order in this case the prior order establishing Owens' paternity and setting child support. Owens' only means of challenging that order at this time is by bill of review. See TEX.R.CIV.P. 329b(f); see also State v. 1985 Chevrolet Pickup Truck, 778 S.W.2d 463, 464-65 (Tex. 1989) (per curiam); Transworld Fin. Servs. Corp. v. Briscoe, 722 S.W.2d 407, 407-08 (Tex. 1987); Middleton v. Murff, 689 S.W.2d 212, 213 (Tex. 1985) (per curiam). We find no document in this record that can be construed as a bill of review filed by Owens.

Accordingly, a majority of the Court grants the State's application for writ of error and, without hearing oral argument, reverses the judgment of the court of appeals and dismisses the appeal from the judgment of the district court. TEX.R.APP.P. 170.


Summaries of

State ex Rel. Latty v. Owens

Supreme Court of Texas
Jun 8, 1995
907 S.W.2d 484 (Tex. 1995)

holding associate judge's order terminating father's parental rights became final and appealable when father failed to timely appeal to district court

Summary of this case from In re V.I.P.M.

holding that judicial action taken after plenary power expires is void

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holding that judicial action taken after the court’s plenary power has expired "is a nullity" and "void"

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holding that associate judge's order terminating father's parental rights became final and appealable when father failed to timely appeal to the district court

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holding that orders issued after plenary power expires are void for lack of subject matter jurisdiction

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holding that district court's order adopting master's report was a final appealable order

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holding that although district court should have held a hearing on Owens's appeal before signing master's report, its failure to do so did not make order void.

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holding order that disposes of all parties and issues is final and appealable

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finding of voidness results in placing parties in position they were before void order

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finding it settled law that judgment may be declared void for want of jurisdiction upon appeal

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In Latty, the father (Owens) appealed the associate judge's order determining he was the father of the child in question and requiring him to pay $135 per month in child support.

Summary of this case from In re Tex. Dep't of Family & Protective Servs.

noting Owens had not timely appealed and stating his only means of challenging the order that was left intact by the court's decision was a bill of review

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stating that a judgment is void when "the court rendering the judgment had no jurisdiction over the parties or subject matter, no jurisdiction to render judgment, or no capacity to act as a court"

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declaring an order void for lack of jurisdiction

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stating that a judgment is void when "the court rendering the judgment had no jurisdiction over the parties or subject matter, no jurisdiction to render judgment, or no capacity to act as a court"

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noting that "mere failure to follow proper procedure will not render a judgment void"

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noting that “mere failure to follow proper procedure will not render a judgment void”

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In Latty v. Owens, the court reasoned the failure to hold a de novo hearing prior to adopting or rejecting the associate judge's proposed order is a mere failure to follow proper procedure, and is not an act outside the trial court's jurisdiction or capacity to act.

Summary of this case from In re M.A.H.T.

In Latty, the referring court signed an initial order adopting the master's recommendation after Owens, one of the parties, filed a request for a de novo hearing, but before holding the required hearing.

Summary of this case from Off. v. McBee

indicating that one need not appeal void judgment

Summary of this case from Gainous v. Gainous

In Latty v. Owens, 907 S.W.2d 484, 485 (Tex. 1995), a case also involving the appeal of a report establishing a father's paternity, the supreme court held that signing an order adopting the master's report prior to holding a hearing did not deprive the court of jurisdiction.

Summary of this case from Hamlett v. Hamlett

indicating that one need not appeal void judgment

Summary of this case from Gainous v. Gainous

noting where void order is appealed, appellate court may declare order void but must dismiss appeal for lack of jurisdiction

Summary of this case from Pope v. Gaffney

defining "void judgment" as resulting from trial court's lack of jurisdiction over either the parties or the subject matter, lack of jurisdiction to enter the judgment, or lack of capacity to "act as a court"

Summary of this case from In Interest of G.H.D

In Latty, the court instructs that although "it is wholly unnecessary to appeal from a void judgment, it is nevertheless settled that an appeal may be taken and the appellate court in such a proceeding may declare the judgment void."

Summary of this case from In re Rodriguez
Case details for

State ex Rel. Latty v. Owens

Case Details

Full title:STATE of Texas ex rel. Lorraine O. LATTY, Petitioners, v. Kris OWENS…

Court:Supreme Court of Texas

Date published: Jun 8, 1995

Citations

907 S.W.2d 484 (Tex. 1995)

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