In re Episcopal Sch. of Dall., Inc.

556 S.W.3d 347
CourtCourt of Appeals of Texas
DecidedOctober 11, 2017
DocketNo. 05-17-00493-CV
StatusPublished
Cited by14 cases

This text of 556 S.W.3d 347 (In re Episcopal Sch. of Dall., Inc.) 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
In re Episcopal Sch. of Dall., Inc., 556 S.W.3d 347 (Tex. Ct. App. 2017).

Opinion

Opinion by Justice Whitehill

This original proceeding involves an issue of first impression for this Court: whether the ecclesiastical abstention doctrine applies to faith-based schools not owned or operated by a church.1 If that doctrine applies here as a general matter, a second question is whether the plaintiffs' claims implicate the school's ability to manage its internal affairs such that the doctrine defeats the trial court's subject matter jurisdiction over those claims.

The Episcopal School of Dallas (the school) seeks a writ of mandamus compelling the trial court to vacate an order denying its plea to the jurisdiction. In two issues, the school maintains that (i) it is a faith-based school and therefore the ecclesiastical abstention doctrine deprives the court of subject matter jurisdiction over the plaintiffs' claims arising from the school's decision to request a student's withdrawal for disciplinary reasons and (ii) there is no adequate remedy by appeal.

Because the undisputed facts establish that (i) the school is a faith-based institution to which First Amendment protections apply, (ii) this dispute turns solely on the school's ability to manage its internal affairs, including its admissions decisions, and (iii) mandamus is appropriate when a court acts without subject matter jurisdiction, we sustain both issues and conditionally grant the requested relief.

I. Background

The school is a private, college preparatory school founded in 1974 by an Episcopal clergyman and a group of local Episcopalian leaders. It is a tax-exempt, non-profit corporation school.

Plaintiff John Doe, Jr. (Doe) was a student at the school. Plaintiff John Doe is Doe's father. They are collectively the Does.

*351Dishonesty, refusal to consent to a search, and drug use and possession violate school policy. Furthermore, the school's handbook provides that refusal to allow an interior vehicle search "will be cause for suspension, termination of campus driving and parking privileges, and potential reconsideration of student's enrollment at [the school]."

The handbook also provides for punishing certain infractions, including dishonesty and drug possession. Moreover, parents and students acknowledge in writing that the school may impose disciplinary consequences, including termination of enrollment, for conduct the school deems unsatisfactory.

Additionally, the school's enrollment and tuition agreement provides that:

The enrollment of Student is entirely at ESD's discretion and the school reserves the right to dismiss Student or to discontinue further enrollment at any time for conduct ... whether on or off school property, which it deems ... unsatisfactory.

The agreement further provides that the school "may terminate Student's enrollment for any reason," and "students may be disciplined including but not limited to suspension and expulsion."

The school sent upper school parents, including John Doe, a letter stating among other things "that in most cases , students should be given a chance to redeem themselves" and that "we are not a zero tolerance school." (Emphasis added).

Doe was a student during the 2014-2015 school year. One day, he violated school policy by leaving campus for lunch without permission. A neighbor reported to the school that two students (one of whom was later proved to be Doe) were parked in front of her house smoking marijuana, and she called the police.

Doe initially denied leaving campus, but a security camera showed otherwise.

Doe then admitted leaving but denied smoking marijuana. Doe's companion, however, admitted smoking marijuana and said that Doe participated.

Doe also refused a search of his vehicle.

Although Doe passed an initial urine drug test, the school later learned that he used another student's specimen for the test. Doe failed a second drug test.

The school subsequently asked Doe to withdraw from school in lieu of being expelled. Doe withdrew.

Based on these and additional related facts, the Does sued the school, head of school Meredith Cole, head of upper school Donna Hull, and the assistant head of upper school Jeffrey Laba (collectively, Relators). The lawsuit complains about Relators' disciplinary actions and the application of the school's policies and procedures. The suit alleges these claims against some or all Relators: (i) breach of fiduciary duty, (ii) aiding and abetting fiduciary breaches, (iii) breach of express warranties under the Texas Deceptive Trade Practices Act, (iv) negligent misrepresentation, (v) fraud, (vi) negligent hiring and supervision, (vii) negligence and gross negligence, (viii) tortious interference with a contract, (ix) breach of contract, (x) promissory estoppel, unjust enrichment, money had and received/assumpsit, (xi) intentional infliction of emotional distress, and (xii) respondeat superior and vicarious liability. The Does also requested a declaratory judgment concerning the parties' rights and obligations under the school's enrollment agreement and student handbook, and a declaration concerning damages. The school counterclaimed for breach of the tuition and enrollment *352agreement.2

Five months before the dispositive motion deadline and after considerable discovery was done, Relators filed a plea to the jurisdiction and motion to dismiss asserting that the ecclesiastical abstention doctrine deprives the court of subject matter jurisdiction. After additional jurisdiction-based discovery and a hearing continuance, the court heard and denied the motion and plea. The court also denied a motion to stay the proceedings pending mandamus review.

Relators' mandamus petition followed and is at issue here. We stayed the trial court proceedings pending our mandamus determination.

II. Analysis

A. Standard of Review

Mandamus is warranted when the relator demonstrates a clear abuse of discretion and there is no adequate appellate remedy. E.g. , In re St. Thomas High School , 495 S.W.3d 500, 506 (Tex. App.-Houston [14th Dist.] 2016, orig. proceeding). A trial court lacks discretion and must dismiss the case as a ministerial act when it lacks subject matter jurisdiction. Id. Mandamus is thus proper when a trial court acts without subject matter jurisdiction. Id.

"Lack of jurisdiction may be raised by a plea to the jurisdiction when religious-liberty grounds form the basis of the jurisdictional challenge." Westbrook v. Penley , 231 S.W.3d 389, 394 (Tex. 2007).

We review de novo a plea to the jurisdiction questioning the trial court's subject matter jurisdiction. See

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Cite This Page — Counsel Stack

Bluebook (online)
556 S.W.3d 347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-episcopal-sch-of-dall-inc-texapp-2017.