James v. Hubbard

21 S.W.3d 558, 2000 Tex. App. LEXIS 3167, 2000 WL 565109
CourtCourt of Appeals of Texas
DecidedMay 10, 2000
Docket04-98-00570-CV
StatusPublished
Cited by83 cases

This text of 21 S.W.3d 558 (James v. Hubbard) 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
James v. Hubbard, 21 S.W.3d 558, 2000 Tex. App. LEXIS 3167, 2000 WL 565109 (Tex. Ct. App. 2000).

Opinions

OPINION

Opinion by

TOM RICKHOFF, Justice.

Charles Hayward James brings this appeal from a protective order entered in favor of Alice P. Hubbard. James contends his divorce was final so Hubbard was not entitled to the protective order because they were not members of the same family. We hold that a judge does not render judgment when he says, “I am going to grant the divorce in this case.” 1 We affirm the judgment of the trial court.

[560]*560Factual and Procedural History

Appellee, Alice P. Hubbard, applied for a protective order pursuant to Chapter 81 of the Texas Family Code on February 25, 1998. She alleged her son-in law, Appellant Charles H. James, “committed an act or acts of family violence upon [her] and/or a member of [her] family or household during a time when [he] was a member of said family or household.” See Tex. Fam. Code Ann. § 81.001 (Vernon Supp.1998). After a hearing, on March 25, 1998 a protective order was granted enjoining appellant from engaging in specified conduct, including attending the Oak Hills Presbyterian 11:00 a.m. service.

Within 30 days, appellant filed a motion for new trial arguing that he was appel-lee’s ex-son-in-law at the time the application for a protective order was filed. He asserted that on October 31, 1997, the trial judge orally pronounced a divorce between appellant and Elaine James, the appellee’s daughter. However, the final decree of divorce was not signed until May 28, 1998, more than two months after the application was filed. Appellant’s motion for new trial was denied, and appellant appealed to this court. On December 16, 1998, we determined a protective order issued pursuant to section 81.001 of the Texas Family Code is a final, appealable judgment and retained this appeal on our docket. See James v. Hubbard, 985 S.W.2d 516 (Tex.App.-San Antonio 1998, no pet.). On March 25, 1999, the protective order expired by its own terms.

Mootness Doctrine

The appellee obtained the protective order on March 25, 1998. Appellee’s protective order was good for one year and expired on March 25, 1999, arguably making this appeal moot. Under the mootness doctrine, a justiciable controversy between the parties must exist at every stage of the legal proceedings, including the appeal. See United States v. Munsingwear, Inc., 340 U.S. 36, 39, 71 S.Ct. 104, 95 L.Ed. 36 (1950). A justiciable controversy is definite and concrete and impacts the legal relations of parties having adverse legal interests. However, the Texas Supreme Court has recognized two exceptions to the mootness doctrine: (1) the collateral consequences exception; and (2) the capable of repetition yet evading review exception. General Land Office v. OXY U.S.A., Inc., 789 S.W.2d 569, 571 (Tex.1990).

An appeal of a protective order may not be rendered moot if direct or collateral legal consequences flow from the wrongful granting of a protective order. See State v. Lodge, 608 S.W.2d 910, 912 (Tex.1980). The collateral consequences recognized by our courts have been severely prejudicial events “ “whose effects continued to stigmatize helpless or hated individuals long after the unconstitutional judgment had ceased to operate.’ ” OXY U.S.A., Inc., 789 S.W.2d at 571 (quoting Spring Branch I.S.D. v. Reynolds, 764 S.W.2d 16, 18 (Tex.App.-Hous. [1 Dist.] 1988, no writ)). Although expired temporary protective orders and restraining orders have been considered moot, none of these cases has carried the same social stigma as a protective order granted based on a finding of family violence. Cf. Guajardo v. Alamo Lumber Co., 159 Tex. 225, 317 S.W.2d 725, 726 (1958) (granting of a temporary injunction to restrain a sale rendered moot); Speed v. Keys, 130 Tex. 276, 109 S.W.2d 967, 967 (Tex.1937) (temporary restraining order which expired by its own express terms rendered moot); Hermann Hosp. v. Tran, 730 S.W.2d 56, 57 (Tex.App.-Houston [14th Dist.] 1987, no writ) (temporary restraining order expired by its own terms rendered moot).

In State v. Lodge, 608 S.W.2d 910 (Tex.1980), the court held that commitment to a mental hospital can engender adverse social consequences to the individual whether it is labeled a stigma or called something else. Id. at 912. Appellant is challenging a civil order that carries a significant stigma in our society. The adverse social consequences are heightened by the fact that the order prevented appellant from [561]*561worshiping at what could have been his preferred place and time of worship for a year. See Hubbard, 985 S.W.2d at 518. Having already recognized that “valuable rights are at stake,” we decline to declare this case moot and deprive appellant of his chance for redress. Id. at 518. We therefore decide this case on its merits. Cf. Lodge, 608 S.W.2d at 912 (perceiving no public interest or policy that would be enhanced by mooting the appeal under review).

Finality of Divorce

Appellant complains that appellee was not entitled to the statutory relief sought as he and the appellee’s daughter were divorced. Under Tex. Fam. Code Ann. § 81.001 (Vernon 1999), a person is entitled to a protective order if there is a finding of “family violence.” “Family Violence” is defined as:

an act by a member of a family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.

Id. § 71.004

“Family” includes relationships established by marriage such as in-laws, as determined by section 573.024 of the Government Code. See Tex. Fam. Code Ann. § 71.003 (Vernon 1999). Divorce terminates family relationships established by marriage. Tex Gov’t Code Ann. § 573.024(b). Thus, by operation of law, had appellant and Elaine James been divorced then appellee would not have been entitled to this protective order against the appellant. See id.

Appellant argues the divorce was final when the trial judge heard the matter on October 31, 1997. Appellee argues the divorce was final when it was signed on May 28, 1998. “A judgment is rendered when the court makes an official announcement, either in writing or orally in open court, of its decision upon the matter submitted for adjudication.” In re Bland, 960 S.W.2d 123

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Nikolaj Zbikowski v. Sean Fluegge
Court of Appeals of Texas, 2025
Sandra L. Sargent v. David L. Sargent
Court of Appeals of Texas, 2025
Melanie Lynn Hagner v. Juan Antonio Valdez Jr.
Court of Appeals of Texas, 2025
Mark Edwin Allen v. Cherelle M. Allen
Court of Appeals of Texas, 2024
in Re T.B.
Court of Appeals of Texas, 2022
in the Interest of J.P. and A.P., Children
Court of Appeals of Texas, 2020
in the Estate of Gary Wayne Luna
Court of Appeals of Texas, 2018

Cite This Page — Counsel Stack

Bluebook (online)
21 S.W.3d 558, 2000 Tex. App. LEXIS 3167, 2000 WL 565109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-v-hubbard-texapp-2000.