IKB Industries (Nigeria) Ltd. v. Pro-Line Corp.

938 S.W.2d 440, 40 Tex. Sup. Ct. J. 273, 1997 Tex. LEXIS 9, 1997 WL 35782
CourtTexas Supreme Court
DecidedJanuary 31, 1997
Docket95-0703
StatusPublished
Cited by540 cases

This text of 938 S.W.2d 440 (IKB Industries (Nigeria) Ltd. v. Pro-Line Corp.) 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
IKB Industries (Nigeria) Ltd. v. Pro-Line Corp., 938 S.W.2d 440, 40 Tex. Sup. Ct. J. 273, 1997 Tex. LEXIS 9, 1997 WL 35782 (Tex. 1997).

Opinions

HECHT, Justice.

Here, the sole question is whether requesting findings of fact and conclusions of law following dismissal of a case as a sanction for discovery abuse extends the time for perfecting appeal under Rule 41(a)(1) of the Texas Rules of Appellate Procedure. The court of appeals answered no. 901 S.W.2d 568. Under the circumstances of this case, as we explain, we disagree.

IKB Industries (Nigeria) Limited sued Pro-Line Corporation. Pro-Line moved to dismiss IKB’s action as a sanction for discovery abuse. See Tex.R. Civ. P. 215. After a hearing, for which there is no statement of facts, the district court granted the motion, struck IKB’s pleadings, and dismissed the action with prejudice. The court’s judgment recites that the court considered “the Court’s file — including all pleadings, affidavits, and deposition excerpts filed with the Court (and of which the Court takes judicial notice) and... the testimony and argument of counsel.” (Emphasis added.) The judgment contains seven pages of findings that the court made, as the judgment recites, “from the evidence before it”.'

Notwithstanding these findings, IKB filed a request for findings of fact and conclusions of law, referencing Rule 296 of the Texas Rules of Civil Procedure. Rule 296 states in part:

In any case tried in the district or county court without a jury, any party may request the court to state in writing its findings of fact and conclusions of law. Such request ... shall be filed within twenty days after judgment is signed....

IKB’s request was filed eight days after the dismissal order was signed. The district court did not respond to IKB’s request.

A timely filed request for findings of fact and conclusions of law extends the deadline for perfecting appeal from 30 to 90 days after the judgment is signed “in a case tried without a jury.” TexRApp. P. 41(a)(1). Since IKB filed a cost bond 49 days after the dismissal order was signed, IKB perfected appeal only if its request for findings and conclusions extended the deadline for doing so from 30 to 90 days — that is, only if the case was “tried without a jury” within the meaning of Rule 41(a)(1).

Not every case finally adjudicated without a jury trial is “a case tried without a jury” within the meaning of Rule 41(a)(1). For instance, we held in Linwood v. NCNB Texas, 885 S.W.2d 102, 103 (Tex.1994), that a request for findings in a case concluded by summary judgment does not extend appellate deadlines. The reason is not that a summary judgment proceeding is in no sense a trial. On the contrary, we have held that “[a] summary judgment proceeding is a trial within the meaning of Rule 63” of the Texas Rules of Civil Procedure, which governs amendment of pleadings. Goswami v. Metropolitan Sav. & Loan Ass’n, 751 S.W.2d 487, 490 (Tex.1988). True, a “summary judgment proceeding is not a conventional trial but rather an exception to the usual and traditional form of procedure wherein witnesses are heard in open court and documentary evidence is offered and received in evidence.” Richards v. Allen, 402 S.W.2d 158, 160 (Tex.1966). But this distinction was not the basis for our decision in Linwood.

Instead, Linwood takes a functional approach to Rule 41(a)(1). It holds, not that a summary judgment is not a trial within the meaning of the rule, but that “findings of fact and conclusions of law have no place in a summary judgment proceeding”. Linwood, 885 S.W.2d at 103. The reason findings and conclusions “have no place” in a summary judgment proceeding is that for summary judgment to be rendered, there cannot be a “genuine issue as to any material fact”, Tex.R. Civ. P. 166a(c), and the legal grounds are limited to those stated in the motion and response, Stiles v. Resolution Trust Corp., 867 S.W.2d 24, 26 (Tex.1993). In other words, if summary judgment is proper, there are no facts to find, and the legal conclusions have already been stated in the motion and response. The trial court should not make, and an appellate court cannot consider, findings of fact in connection with a summary judgment. Because a request for findings [442]*442and conclusions following summary judgment can have no purpose, should not be filed, and if filed, should be ignored by the trial court, such a request should not extend appellate deadlines. Linwood rejects a broad construction of Rule 41(a)(1) that would cause the filing of a request for findings and conclusions to extend the time for perfecting appeal in every ease adjudicated without a jury.

The most restrictive construction of Rule 41(a)(1) would not allow a request for findings and conclusions to extend the time for perfecting appeal unless the request was proper under Rule 296 — that is, “[i]n any case tried in the district or county court without a jury”. Our approach to applying this language, similar to the language of Rule 41(a)(1), has also been functional. A party is not entitled to findings of fact and conclusions of law following summary judgment, Linwood, 885 S.W.2d at 103, judgment non obstante veredicto, Fancher v. Cadwell, 159 Tex. 8, 814 S.W.2d 820, 822 (1958), or judgment after directed verdict, Ditto v. Ditto Investment Co., 158 Tex. 104, 309 S.W.2d 219, 220 (1958), again, not because these adjudications are in no sense trials. Indeed, judgment non obstante veredicto is rendered after a full trial and verdict. Rather, a party is not entitled to findings and conclusions in such instances because judgment must be rendered as a matter of law. Were there facts to find the three judgments we have listed are the only ones to which Rule 296 does not apply. The point is simply that Rule 296, like Rule 41(a)(1), is not governed by a definition of the word, “trial”, common to both, but by their respective purposes.

The problem with a restrictive construction of Rule 41(a)(1) — not allowing a party’s request for findings and conclusions to extend the time for perfecting appeal unless the party is entitled to findings and conclusions under Rule 296 — is that it conflicts with the purpose of Rule 41(a)(1). This is because the purposes of Rule 296 and Rule 41(a)(1) are not identical.

The purpose of Rule 296 is to give a party a right to findings of fact and conclusions of law finally adjudicated after a conventional trial on the merits before the court. In other cases findings and conclusions are proper, but a party is not entitled to them. For example, in a case like this one in which judgment is rendered as a sanction for discovery abuse, findings for imposing sanctions may be helpful, and we have encouraged their use. TransAmerican Nat. Gas Corp. v. Powell, 811 S.W.2d 913, 919 n. 9 (Tex.1991); Chrysler Corp. v. Blackmon, 841 S.W.2d 844, 852 (Tex.1992). But we do not require them for two reasons. One is practical: they are often unnecessary, and requiring them in every case would unduly burden trial courts. As we explained in Blackmon:

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Bluebook (online)
938 S.W.2d 440, 40 Tex. Sup. Ct. J. 273, 1997 Tex. LEXIS 9, 1997 WL 35782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ikb-industries-nigeria-ltd-v-pro-line-corp-tex-1997.