Hjalmarson v. Langley

840 S.W.2d 153, 1992 Tex. App. LEXIS 2711, 1992 WL 298154
CourtCourt of Appeals of Texas
DecidedOctober 21, 1992
Docket10-92-142-CV
StatusPublished
Cited by28 cases

This text of 840 S.W.2d 153 (Hjalmarson v. Langley) 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
Hjalmarson v. Langley, 840 S.W.2d 153, 1992 Tex. App. LEXIS 2711, 1992 WL 298154 (Tex. Ct. App. 1992).

Opinions

OPINION

THOMAS, Chief Justice.

Attorneys Mike Hjalmarson, Eric Nielsen, and Elliott Flood, the relators, seek a writ of mandamus to set aside a sanction order entered against them under Rule 13. They contend the order is void because it is based on a motion that was not filed until after their client, Nat Gonzalez, took a nonsuit against Kent Moore Cabinets, Inc. Kent Moore, the real party in interest, argues that the relators are not entitled to mandamus because they had an adequate remedy by a direct appeal. We hold that the order is void and conditionally grant the writ.

On January 6, 1992, Gonzalez took a nonsuit in his case against Kent Moore. See Tex.R.CivP. 162. No claim for affirmative relief or motion for sanctions was then pending against him. The court signed an order of nonsuit on January 6. Kent Moore filed a motion1 on January 15 to sanction Gonzalez and his attorneys under Rule 13. See id. at 13. The court held a hearing on the motion on January 30, but waited until February 17 to sign the sanction order. In the sanction order, the court found that Hjalmarson, Nielsen, and Flood failed to diligently investigate the facts before filing the suit and that they filed the suit in bad faith. The court ordered them to pay Kent Moore $8500 plus costs as a sanction.

EFFECT OF THE NONSUIT

Gonzalez’ right to a nonsuit was absolute because Kent Moore had no claim for affirmative relief or motion for sanctions then pending. See id. at 162; BHP Petroleum Co., Inc. v. Millard, 800 S.W.2d 838, 840 (Tex.1990, orig. proceeding). The court’s signing of the January 6 order of nonsuit was a ministerial act. See Hooks v. Fourth Court of Appeals, 808 S.W.2d 56, 59 (Tex.1991, orig. proceeding). Under the circumstances, the nonsuit discontinued the entire cause. See Greenberg v. Brookshire 640 S.W.2d 870, 872 (Tex.1982, orig. proceeding) (quoting Hoodless v. Winter, 80 Tex. 638, 16 S.W. 427, 428 (1891)). Thus, any action taken thereafter without reinstating the cause was erroneous. See Greenberg, 640 S.W.2d at 871; Ashpole v. Millard, 778 S.W.2d 169, 171 (Tex.App.—Houston [1st Dist.] 1989, orig. proceeding); Gibson v. Gibson, 653 S.W.2d 646, 647 (Tex.App.—Waco 1983, no writ).

The court never reinstated the cause. Accordingly, it should not have heard the motion for sanctions or entered the sanction order based on the motion. See Greenberg, 640 S.W.2d at 871. The February 17 sanction order was thus void because the cause was never reinstated and [155]*155the court signed the sanction order after its plenary power to reinstate had expired. See Merrill Lynch Relocation Man. v. Powell, 824 S.W.2d 804, 806 (Tex.App.—Houston [14th Dist.] 1992, orig. proceeding); Ashpole, 778 S.W.2d at 171.

WOLMA V. GONZALEZ

We recognize that our holding is contrary to the result in Wolma v. Gonzalez, 822 S.W.2d 302 (Tex.App.—San Antonio 1991, orig. proceeding), authority relied on by Kent Moore. There the parties entered into a settlement agreement that resulted in the plaintiff taking a nonsuit. Id. at 302. After the court entered an agreed judgment, the defendant then moved to sanction the plaintiff under Rule 13. Id. at 303. The court signed the sanction order thirty-one days after entry of the agreed judgment. Id. All of these actions were apparently taken in the nonsuited cause without ever reinstating it. Alleging that the sanction order was void because it was signed after the court’s plenary power had expired, the plaintiff tried to set it aside by a writ of mandamus.

Relying on a mixture of federal and Texas case law, the court in Wolma essentially held that: (1) a motion for Rule 13 sanctions is a collateral and independent claim that need not be filed within the court’s plenary power; (2) the court could grant Rule 13 sanctions in the dismissed cause even though its plenary power had expired; and (3) Rule 13 sanctions can be granted after a voluntary nonsuit. Id. Finally, finding that the plaintiff had an adequate remedy by appeal, the court denied the petition for mandamus. Id. at 304.

A court has no more power to act in sanction matters without jurisdiction than it does elsewhere. What is most troubling about the decision in Wolma is that it cannot be squared with established legal principles relating to jurisdiction. A court .must have jurisdiction to act or its acts are void. State v. Olsen, 360 S.W.2d 398, 399 (Tex.1962, orig. proceeding). Moreover, its jurisdiction must be legally invoked or its power to act is nonexistent. Id. Where did the trial court’s jurisdiction to enter the sanction order come from? How was it invoked?

A court loses jurisdiction of a cause once its plenary power expires. Jackson v. Van Winkle, 660 S.W.2d 807, 808 (Tex.1983). Notwithstanding this most basic rule, the court attempts to predicate the sanction order on the trial court’s jurisdiction over the nonsuited cause: “While [the trial court’s] plenary power to alter the agreed judgment may have expired, that fact did not affect [its] jurisdiction to grant Rule 13 sanctions.” Wolma, 822 S.W.2d at 302. In other words, the trial court had continuing power to act on a collateral and independent claim for sanctions arising out of a cause over which it had lost jurisdiction, and it could continue to act on sanction matters in the dismissed cause. That postulation is a non sequitur. A court cannot lose jurisdiction of a cause and yet still retain jurisdiction to act in that same cause.

Nor could the trial court’s jurisdiction spring from the inherent power to sanction. Texas recognizes inherent judicial power — a power that is not derived from a specific legislative grant or constitutional provision but exists to enable a court to effectively perform its judicial functions and to protect its dignity, independence, and integrity. Eichelberger v. Eichelberger, 582 S.W.2d 395, 398-99 (Tex.1979). However, a court’s inherent judicial power does not confer jurisdiction where none pre-exists by statutory or constitutional grant. Id. at 399 (“Under our system there is no such thing as the inherent power of a court, ‘if, by that, be meant a power which a court may exercise without a law authorizing it’ ”). As the authors of a law review article recently noted, the inherent power of a court to sanction has “ancient roots in a court’s jurisdiction.”2 [156]*156J.D. Page & Doug Sigel, The Inherent And Express Powers of Courts To Sanction, 31 S.Tex.L.Rev. 43, 47 (1990).

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Bluebook (online)
840 S.W.2d 153, 1992 Tex. App. LEXIS 2711, 1992 WL 298154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hjalmarson-v-langley-texapp-1992.