Garza v. Texas Alcoholic Beverage Commission

89 S.W.3d 1, 45 Tex. Sup. Ct. J. 1014, 2002 Tex. LEXIS 115, 2001 WL 1902790
CourtTexas Supreme Court
DecidedJuly 3, 2002
Docket00-1069
StatusPublished
Cited by82 cases

This text of 89 S.W.3d 1 (Garza v. Texas Alcoholic Beverage Commission) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garza v. Texas Alcoholic Beverage Commission, 89 S.W.3d 1, 45 Tex. Sup. Ct. J. 1014, 2002 Tex. LEXIS 115, 2001 WL 1902790 (Tex. 2002).

Opinions

Justice JEFFERSON

delivered the opinion of the Court

in which Chief Justice PHILLIPS, Justice HECHT, Justice ENOCH, Justice OWEN, Justice HANKINSON, Justice O’NEILL, and Justice RODRIGUEZ joined.

This case involves the time period within which a district court must render judgment following an appeal to that court from an administrative order canceling, suspending, or refusing a liquor license. Texas Alcoholic Beverage Code section 11.67 provides that an appeal of a liquor license denial must be tried to the district court within ten days after it is filed. Tex. Alco. Bev.Code § 11.67(b)(2). Here, the district court conducted a hearing within the required ten days, but did not sign a judgment until nineteen days after the appeal was filed. The court of appeals dismissed the appeal, holding that the district court’s late decision divested that court, and any subsequent court, of jurisdiction to decide the case. 83 S.W.3d 161.

We hold that section 11.67 requires that judgment be rendered no later than ten days from the date the appeal to the district court is filed. But, regardless of how rendition occurs, section 11.67 does not prevent a district court from performing the ministerial act of memorializing a timely rendition in a signed judgment after the ten-day period has passed. Any judgment signed after that ten-day period that differs from a timely rendition of judgment is void. When, as here, a district court does not render judgment within ten days, judgment is rendered by operation of law against the party seeking the issuance, renewal, or reinstatement of a license. At that point, the district court has a ministerial duty to sign a judgment affirming the administrative decision. Proceedings in the district court remain interlocutory until the district court signs that judgment. In this case, the district court has never signed a judgment affirming the administrative decision. Because the matter remains interlocutory, we affirm the court of appeals’ judgment dismissing the appeal for want of jurisdiction.

I. Background

Jose Luis Garza applied to the Texas Alcoholic Beverage Commission (TABC) to [3]*3renew a beer and wine retailer’s on-premises license for the Tropicana Night Club in Rosenberg, Texas. The TABC denied Garza’s application and ordered him to submit an application to the constitutional county court. See Tex. Alco. Bev.Code § 61.49. On October 28, 1997, the county judge, sitting in an administrative capacity, signed a judgment denying renewal of the permit. Garza’s motion for rehearing was overruled by operation of law. See Tex. Gov’t Code § 2001.146(c).

On January 9, 1998, Garza appealed the county judge’s order to the 268th District Court, which conducted a hearing on January 16, 1998. See Tex. Aloo. Bev.Code §§ 11.67(a), 61.34(a). In a written judgment, the district court held that the county judge committed reversible error by limiting Garza to five trial witnesses. The district court vacated the administrative judgment and remanded the case to the county judge for further proceedings. The district court’s judgment recited that the court “rendered its decision on January 20, 1998.” However, the court actually signed the judgment on January 28, 1998. On remand, the county judge conducted a second hearing, at which the judge again denied Garza’s renewal application. Garza appealed the county judge’s second decision to the 240th District Court. That district court denied the license renewal on January 6, 1999 and Garza appealed to the court of appeals.

With one judge dissenting, the court of appeals held that the 268th District Court lacked jurisdiction at the time it remanded the case to the county judge because it did not render judgment within ten days following Garza’s January 9, 1998 appeal to that court. 83 S.W.3d 161. The court of appeals vacated the subsequent judgments of the county judge and the district court and dismissed the appeal, effectively leaving in place the county judge’s October 28, 1997 administrative order denying the renewal application. Disagreeing with that result, the dissent concluded that “the legislature [did not intend] to preclude appeal by a party who has done everything required under the Texas Alcohol Beverage Code, just because the trial court failed to meet its responsibilities.” Id. at 169 (Larsen, J., dissenting).

Garza filed a petition for review contending that (1) the court of appeals erred in interpreting Alcoholic Beverage Code section 11.67 to require both a hearing and rendition of judgment within ten days of the date the appeal is filed; (2) the record contains a docket-sheet entry reflecting that the 268th District Court did, in fact, render judgment within the ten-day period; and (3) the court of appeals’ interpretation of section 11.67 violates Garza’s right of due process under the United States and Texas Constitutions and contravenes the open-courts and separation-of-powers provisions of the Texas Constitution. We granted Garza’s petition to decide these issues.

II. The Ten-Day “Trial on Appeal”

The Texas Alcoholic Beverage Code gives an applicant whose alcohol permit is suspended or denied the right to appeal that administrative decision to a district court. Tex. Alco. Bev.Code § 11.67. The relevant portion of the statute reads as follows:

The appeal shall be under the substantial evidence rale and against the commission alone as defendant. The rules applicable to ordinary civil suits apply, with the following exceptions, which shall be construed literally:
(1) the appeal shall be perfected and filed within 30 days after the date the order, decision, or ruling of the commission or administrator becomes final and appealable;
[4]*4(2) the case shall be tried before a . judge within 10 days from the date it is filed;
(3) neither party is entitled to a jury; and
(4) the order, decision, or ruling of the commission or administrator may be suspended or modified by the court pending a trial on the merits, but the final judgment of the district court may not be modified or suspended pending appeal.

Tex. Alco. Bev.Code § 11.67(b).

Generally, on appeal from an administrative denial of a liquor license, the district court conducts an abbreviated hearing1 and renders a decision within ten days after the appeal is filed. See id. § 11.67(a), (b). At the district court’s discretion, the decision to withhold the license may be suspended pending the abbreviated hearing. Id. § 11.67(b)(4). However, a final judgment, once rendered, takes immediate effect and cannot be suspended pending an appeal to the court of appeals. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
89 S.W.3d 1, 45 Tex. Sup. Ct. J. 1014, 2002 Tex. LEXIS 115, 2001 WL 1902790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garza-v-texas-alcoholic-beverage-commission-tex-2002.