Hansen v. JP Morgan Chase Bank, N.A.

346 S.W.3d 769, 2011 Tex. App. LEXIS 4455, 2011 WL 2306795
CourtCourt of Appeals of Texas
DecidedJune 13, 2011
Docket05-09-01001-CV
StatusPublished
Cited by37 cases

This text of 346 S.W.3d 769 (Hansen v. JP Morgan Chase Bank, N.A.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hansen v. JP Morgan Chase Bank, N.A., 346 S.W.3d 769, 2011 Tex. App. LEXIS 4455, 2011 WL 2306795 (Tex. Ct. App. 2011).

Opinion

OPINION

Opinion By

Justice FITZGERALD.

This is a suit for declaratory judgment. In its final judgment, the trial court ordered the attorneys’ fees of plaintiff JP Morgan Chase Bank, N.A. and defendant Lisa H. Cramer to be paid by defendants Arthur M. Hansen and Jan W. Hansen individually, or from Arthur M. Hansen’s share of the estate of Jeanne Stratton Hansen, deceased. The Hansens raise two issues on appeal, arguing (1) that the trial court should have dismissed the case as moot and (2) that their post-trial motion to recuse or disqualify the trial judge was erroneously denied. We affirm.

I. Background

A. Facts

This case arises from the administration of the estate of Jeanne Stratton Hansen, deceased. Decedent’s will made appellee JP Morgan Chase Bank, N.A. (“Chase”) the executor of her estate. Decedent was survived by her son, appellant Arthur M. “Mark” Hansen, and her daughter, appel-lee Lisa H. Cramer. Appellant Jan W. Hansen is the wife of Mark Hansen. We will refer to appellants as “the Hansens.”

Decedent’s estate included a house located in Richardson, Texas. Chase put the house on the market. In early December 2007, Chase received offers to buy the house from both the Hansens and a third party named Adam Moore. Chase accepted an offer from Moore.

Chase prepared to close on the sale of the house to Moore. On or about December 28, 2007, counsel for the Hansens sent the title company a letter in which he objected to the sale and questioned Chase’s authority to sell the house. Evidence adduced at trial indicated that the sale to Moore did not close on December 31, 2007, as scheduled, because the Han-sens’ objection caused the title company to refuse to close. In February 2008, Moore advised Chase that he was ready, willing, and able to close the sale contract, and that he would sue for specific performance if the contract did not close within fifteen days.

B. Procedural history

Chase filed this suit for declaratory judgment in March 2008. It joined the Hansens, Cramer, and Moore as defendants. Chase sought, among other things, a declaration that it had the authority to sell the house under the terms of dece *772 dent’s will and an award of attorneys’ fees. Cramer answered with a general denial. In an amended answer, she requested that the court grant her an award of attorneys’ fees from the Hansens and that the court assess any attorneys’ fees incurred by Moore or the decedent’s estate against the Hansens individually or against Mark Hansen’s share of the estate. The case was set for trial on September 9, 2008.

In July 2008, Mark Hansen notified the title company by letter that “no objection is being made” to the sale of the house to Moore. That same month, Moore assigned to Mark Hansen his rights in the contract for sale of the house. The evidence at trial indicated that the sale of the house closed in mid-August 2008 and that the Hansens were the ultimate purchasers of the house. Chase amended its petition to drop its request for declaratory relief, but it continued to seek its attorneys’ fees.

With trial approaching, Chase filed a motion to quash certain trial subpoenas served by the Hansens. The motion to quash was set for hearing on the morning of September 8, 2008 — the day before trial. That morning, before the hearing, the Hansens filed a plea to the jurisdiction. In their plea to the jurisdiction, the Han-sens contended that the case had become moot upon the closing of the sale of the house. The trial judge orally denied the Hansens’ plea to the jurisdiction at the conclusion of the hearing on Chase’s motion to quash, and she later signed an order denying the plea.

On September 9, 2008, the trial judge held a bench trial and took the matter under advisement. Several days later, the Hansens filed a motion for reconsideration of their plea to the jurisdiction. The record contains no written order disposing of that motion, but the record indicates that the trial court heard the motion in December 2008. In January 2009, the Hansens filed a motion to recuse or disqualify the trial judge. The trial judge referred the matter to the presiding judge of the administrative judicial district, who assigned a different judge to hear the motion to recuse. The visiting judge held a hearing and denied the motion to recuse.

In April 2009, the trial judge signed a final judgment awarding Chase and Cram-er their attorneys’ fees, to be paid by the Hansens or from Mark Hansen’s share of decedent’s estate. The judge later signed findings of fact and conclusions of law. The Hansens appealed. They raise two issues on appeal: (1) whether the trial judge erred by denying the Hansens’ plea to the jurisdiction and (2) whether the visiting judge erred by denying the Han-sens’ motion to recuse or disqualify the trial judge.

II. Mootness

In their first issue, the Hansens argue that this lawsuit became moot before trial when the Hansens dropped their objections to the sale of the house or, alternatively, when the house was actually sold. They further contend that Chase’s and Cramer’s claims for attorneys’ fees did not prevent the case from becoming moot. Because mootness implicates subject-matter jurisdiction, the Hansens argue that the trial court erred by denying their plea to the jurisdiction.

A. Standard of review and the law of mootness

We review a trial court’s order on a plea to the jurisdiction de novo. Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 228 (Tex.2004); City of Dallas v. Chicory Court Simpson Stuart, L.P., 271 S.W.3d 412, 416 (Tex.App.-Dallas 2008, pet. denied).

“A case becomes moot if a controversy ceases to exist or the parties lack a legally cognizable interest in the outcome.” Allstate Ins. Co. v. Hallman, 159 *773 S.W.3d 640, 642 (Tex.2005). “A case is not rendered moot simply because some of the issues become moot....” In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex.2005) (orig. proceeding). “The mootness doctrine implicates subject matter jurisdiction.” City of Dallas v. Woodfield, 305 S.W.3d 412, 416 (Tex.App.-Dallas 2010, no pet.). “[Wjhen a case becomes moot the only proper judgment is one dismissing the cause.” Polk v. Davidson, 145 Tex. 200, 196 S.W.2d 632, 633 (1946); see also Woodfield, 305 S.W.3d at 416 (“If a case is moot, the appellate court is required to vacate any judgment or order in the trial court and dismiss the case.”).

B. Analysis

Chase and Cramer do not dispute that the substantive declaratory relief sought by Chase became moot once Chase sold the house. Indeed, after the house was sold, Chase amended its pleadings to drop its claims for substantive declaratory relief.

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Bluebook (online)
346 S.W.3d 769, 2011 Tex. App. LEXIS 4455, 2011 WL 2306795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hansen-v-jp-morgan-chase-bank-na-texapp-2011.