In Re GRM

45 S.W.3d 764, 2001 WL 432384
CourtCourt of Appeals of Texas
DecidedApril 27, 2001
Docket2-00-364-CV
StatusPublished

This text of 45 S.W.3d 764 (In Re GRM) 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 GRM, 45 S.W.3d 764, 2001 WL 432384 (Tex. Ct. App. 2001).

Opinion

45 S.W.3d 764 (2001)

In the Interest of G.R.M., F.A.M., and N.D.M.

No. 2-00-364-CV.

Court of Appeals of Texas, Fort Worth.

April 27, 2001.

*765 Law Firm of G. David Heiman, David Heiman, Lewisville, for Appellant.

Hayes, Coffey & Berry, P.C., Dan C. Coffey, Kammy Timmons, John D. White, Denton, for Appellee.

PANEL B: DAY, DAUPHINOT, and HOLMAN, JJ.

OPINION

HOLMAN, J.

I. Introduction

In this appeal, we must determine whether the 393rd District Court of Denton County had subject matter jurisdiction to modify the final order of the 158th District Court of Denton County in a suit affecting the parent-child relationship. Because the cause was properly transferred to the 393rd District Court as part of a docket equalization order permitted by the Texas Government Code, we affirm.

*766 II. Factual and Procedural Background

On August 25, 1998, the 158th District Court of Denton County entered a final decree of divorce between Appellant Sam J.M. and Appellee Leticia H. A. As part of that decree, the trial court appointed both parties as joint managing conservators of the children, G.R.M., F.A.M., and N.D.M., and ordered Appellant to pay child support.

Appellant subsequently filed a petition in the 158th District Court seeking to modify the custody and support order. Appellee answered by general denial, which she later amended to include a counter-petition for an increase in child support.

Effective January 1, 2000, the 393rd District Court of Denton County was created by Act of the 76th Texas Legislature in response to a caseload in Denton County exceeding the statewide average.[1] Act of May 21, 1999, 76th Leg., R.S., ch. 1337, § 7, 1999 Tex. Gen. Laws 4547, 4548 (adding section 24.538 of the Texas Government Code). According to section 24.538(b) of the Texas Government Code, the 393rd District Court "shall give preference to family law matters." Tex. Gov't Code Ann. § 24.538(b) (Vernon Supp. 2001).

On January 4, 2000, Judge Vick, presiding judge of the 158th District Court, transferred the cause by order on the court's own motion to the 393rd District Court of Denton County, Judge Vicki Isaacks presiding, for purposes of docket equalization. See Tex. Gov't Code Ann. §§ 24.303-.950 (Vernon 1988). On August 9, 2000, following a non-jury trial, the 393rd District Court denied Appellant's petition to modify and granted Appellee's counter-petition. Appellant appeals from this order, which was signed by Judge Isaacks of the 393rd District Court.

III. Discussion

A. Issue on Appeal

In one issue on appeal, Appellant contends that Judge Isaacks of the 393rd District Court did not have subject matter jurisdiction to enter the August 9, 2000 order modifying the parent-child relationship because the 158th District Court retained its status as the court of continuing exclusive jurisdiction under chapter 155 of the Texas Family Code. Tex. Fam. Code Ann. § 155.001(a) (Vernon Supp. 2001).

Appellee contends that Judge Vick's transfer order in this case was an authorized docket equalization pursuant to section 24.950 of the government code, which is a legislative addition that preempts chapter 155 of the family code. Tex. Gov't Code Ann. § 24.950 (Vernon Supp. 2001).

B. Applicable law

1. Continuing, Exclusive Jurisdiction

Continuing, exclusive jurisdiction is acquired by a court when it renders the "final order" in an original suit affecting a parent-child relationship.[2] Tex. Fam. Code Ann. § 155.001(a); Moore v. Brown, 993 S.W.2d 871, 873 (Tex.App.-Fort Worth 1999, pet. denied). Once a court has acquired continuing, exclusive jurisdiction with respect to a particular suit affecting the parent-child relationship, no other court has jurisdiction over the suit unless jurisdiction has been transferred pursuant *767 to the exclusive transfer provisions of the family code or an emergency exists. Tex. Fam. Code Ann. §§ 155.001(c), 155.201-.207 (transfer provisions), 262.002 (jurisdiction for emergency proceedings) (Vernon 1996 & Supp. 2001); In re Garza, 981 S.W.2d 438, 440 (Tex.App.-San Antonio 1998, no pet.).

2. Docket Equalization

Section 24.950 of the government code provides:

§ 24.950. Equalization of Dockets

The judges of the district courts may equalize their dockets in all counties in which there are two or more district courts. The judge of a district court, on motion of a party, on agreement of the parties, or on the judge's own motion, may transfer a cause or proceeding on the judge's docket to the docket of one of the other district courts.

Tex. Gov't Code Ann. § 24.950.

3. Kirby v. Chapman

In Kirby v. Chapman, we previously recognized that the legislature intended that the transfer procedures provided by the family code be the only mechanisms for the proper transfer of suits affecting the parent-child relationship. 917 S.W.2d 902, 907 (Tex.App.-Fort Worth 1996, no pet.). More specifically, we held in Kirby that the exclusive transfer provisions in the family code for suits affecting the parent-child relationship negate the ability to transfer such cases freely between courts in the same county under section 24.303(a) of the government code. Id. (citing Johnson v. Pettigrew, 786 S.W.2d 45, 47-48 (Tex.App.-Dallas 1990, no writ)). The language in the transfer provision in section 24.303(a) of the government code is very similar to section 24.950, which we have before us today. Section 24.303(a) provides:

§ 24.303. Transfer of Cases; Exchange of Benches

(a) In any county in which there are two or more district courts, the judges of those courts may, in their discretion, either in termtime or vacation, on motion of any party or on agreement of the parties, or on their own motion, transfer any civil or criminal case or proceeding on their dockets to the docket of one of those other district courts. The judges of those courts may, in their discretion, exchange benches or districts from time to time.

Tex. Gov't Code Ann. § 24.303(a) (Vernon 1988).

Appellant relies entirely upon Kirby and the cases cited therein to support his argument that the 158th District Court was not authorized to transfer his cause to the 393rd District Court on its own motion and that the 158th District court retained its status as the court of continuing, exclusive jurisdiction over his suit affecting the parent-child relationship. However, our decision in Kirby is distinguishable and is not controlling here.

In Kirby, an original divorce decree was entered in the 231st District Court of Tarrant County, which included an order modifying the parent-child relationship. 917 S.W.2d at 905-06. A subsequent motion seeking possessory conservatorship by intervenors was filed in the 231st District Court. Id.

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Bluebook (online)
45 S.W.3d 764, 2001 WL 432384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-grm-texapp-2001.