Malone v. PLH Grp., Inc.

570 S.W.3d 292
CourtCourt of Appeals of Texas
DecidedNovember 6, 2018
DocketNO. 01-17-00618-CV; NO. 01-18-00856-CV
StatusPublished
Cited by12 cases

This text of 570 S.W.3d 292 (Malone v. PLH Grp., 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
Malone v. PLH Grp., Inc., 570 S.W.3d 292 (Tex. Ct. App. 2018).

Opinion

*294Harvey Brown, Justice

Appellate courts have an obligation to consider their jurisdiction even if not raised by the parties. We have determined that we have no jurisdiction to consider the merits of this appeal because the parties engaged in a non-jury trial, one trial judge heard all the contested evidence, and another judge signed the final judgment, making the final judgment void.

We set aside the judgment and remand the case.1

Background

Thomas Malone worked for Power Line Services, Inc. After being terminated without cause, he sought severance pay under the terms of his employment contract. Power Line Services refused to make any severance payments, citing Malone's refusal to sign the severance agreement in the exact form it was presented to him. Malone sued Power Line Services and the related entity, PLH Group (collectively, "Power Line Services"), for breach of contract and other claims. Power Line Services countersued for breach of contract and misappropriation of trade secrets.

In early February 2017, District Judge Caroline Baker presided over a two-day, bench trial. Some five months later, while Judge Baker was still the presiding judge of the district court in which the case was pending, Judge John T. Woolridge signed a final judgment holding that neither party had established their claims and ordering that a take-nothing judgment be entered against all parties. Thereafter, Malone requested findings of fact and conclusions of law. Judge Woolridge issued 14 findings of fact and 114 conclusions of law. Malone and Power Line Services appealed.

Malone contends that it was reversible error for Judge Woolridge to issue the final judgment and findings of fact and conclusions of law since Judge Baker presided over the bench trial. In his other issues, Malone contends that the judgment and findings and fact and conclusions of law were erroneously decided and contain fatal conflicts that require reversal. Finally, he contends that the trial court erred in excluding evidence of and failing to award attorney's fees. Power Line Services contends that the trial court erred by denying it equitable, injunctive relief. Neither party has argued a lack of jurisdiction.

Sharing of Judicial Duties by Two Judges in Same District Court

"The rules of practice and procedure in civil district court allow judges to *295exchange courts and transfer cases from one court to another." Masa Custom Homes, LLC v. Shahin , 547 S.W.3d 332, 335 (Tex. App.-Dallas 2018, no pet.) (citing TEX. R. CIV. P. 330(e) ). They also permit a practice in which one judge hears a part of a case and determines some issues while another judge completes the case. Id. ; see TEX. R. CIV. P. 18, 330(g) ; see also Hull v. S. Coast Catamarans, L.P. , 365 S.W.3d 35, 41 (Tex. App.-Houston [1st Dist.] 2011, pet. denied) (stating that more than one judge may exercise authority over single case). For example, in counties with two or more district courts with civil jurisdiction, Rule 330(g) allows one district judge to hear and determine any question in a case and another district judge to "complete the hearing and render judgment in the case." TEX. R. CIV. P. 330(g). Another example is Rule 18, which authorizes a successor judge to issue findings of fact if the presiding judge "dies, resigns, or becomes unable to hold court during the session of court duly convened for the term." TEX. R. CIV. P. 18.

However, neither the rules nor case law permit one judge to preside over the entire bench trial and a visiting judge, who heard no evidence, to render a judgment based on disputed facts. See Masa Custom Homes , 547 S.W.3d at 335-36 ; Cooper v. Campbell , No. 05-17-00878-CV, 2018 WL 3454756, at *3 (Tex. App.-Dallas July 18, 2018, no pet.) (mem. op.). In a bench trial, the presiding judge observes the witnesses' demeanor and weighs the evidence. Masa Custom Homes , 547 S.W.3d at 337. Drawing on these observations, the presiding judge, acting as factfinder, determines the facts from the disputed evidence. Another judge exercising a judicial role in the same court is not authorized to render judgment without hearing any of the evidence on which the judgment is based. W.C. Banks, Inc. v. Team, Inc. , 783 S.W.2d 783, 785-86 (Tex. App.-Houston [1st Dist.] 1990, no writ) (after all evidence was presented to one judge and another judge rendered judgment, holding that second judge lacked authority to render judgment and noting that Rule 330(g)"allows a judge to decide after hearing part of a case, but it does not allow a judge to rule after hearing none of it"); see Hull , 365 S.W.3d at 41-42 (noting that judge "who heard none of case" is not authorized to render judgment); Masa Custom Homes , 547 S.W.3d at 335-36 (discussing scenarios in which judges are permitted to act for another judge in ongoing cases but noting that "common element in these cases is that the fact issues presented were determined solely by the trier of fact who heard the evidence").

Judge Baker presided over the bench trial, but Judge Woolridge entered the final judgment even though Judge Baker remained the presiding judge of the district court. The rules do not permit this action, and the judgment is void.2 See *296Masa Custom Homes , 547 S.W.3d at 335-36 ; W.C. Banks , 783 S.W.2d at 785-86. The question then is whether this is reversible error (as Malone contends) or if, instead, it raises an issue of appellate jurisdiction.

No Jurisdiction

Appellate courts are required to consider their jurisdiction sua sponte. Freedom Commc'ns, Inc. v. Coronado ,

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
570 S.W.3d 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malone-v-plh-grp-inc-texapp-2018.