Pedroza v. Tenet Healthcare Corp.

555 S.W.3d 608
CourtCourt of Appeals of Texas
DecidedApril 11, 2018
DocketNo. 08-16-00221-CV
StatusPublished
Cited by7 cases

This text of 555 S.W.3d 608 (Pedroza v. Tenet Healthcare Corp.) 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
Pedroza v. Tenet Healthcare Corp., 555 S.W.3d 608 (Tex. Ct. App. 2018).

Opinion

ANN CRAWFORD McCLURE, Chief Justice *610Linda Guillermina Pedroza, pro se , appeals from a judgment in favor of Tenet Healthcare, Inc. (Tenet). We affirm.

FACTUAL SUMMARY

Pedroza filed suit in the Justice of the Peace, Precinct Four, of El Paso County, Texas (Justice Court), against Tenet and Trevor Fetter in his capacity as CEO of Tenet Healthcare alleging claims based on the Fair Debt Collection Practices Act. Fetter was never served with citation and he did not file an answer or enter a general appearance. Tenet timely filed its answer. Following a bench trial, the Justice Court entered judgment against Tenet and awarded Pedroza damages in the amount of $1,123.00 plus interest and court costs. The court signed the judgment on September 11, 2015.

On October 2, 2015, Tenet filed notice of appeal and made a cash deposit in lieu of appeal bond on October 2, 2015. The Justice Court forwarded the appeal to the El Paso County Clerk for filing on October 5, 2015. The case was styled Linda Guillermina Pedroza v. Tenet Healthcare Corporation and it was docketed as cause number 2015CCV01210 in the County Court at Law No. 5 (County Court). On June 6, 2016, Tenet filed a motion for no evidence and traditional summary judgment on all of Pedroza's claims. Pedroza filed a response to the summary judgment motion, and she also filed a plea to the jurisdiction asserting that Tenet had not timely perfected its appeal from the Justice Court to the County Court. Finding that Tenet had timely filed its appeal, the County Court denied Pedroza's plea to the jurisdiction, and it granted Tenet's motion for summary judgment. This appeal followed.

DENIAL OF THE PLEA TO THE JURISDICTION

In two related issues, Pedroza challenges the denial of her plea to the jurisdiction. Pedroza argues that the County Court lacked jurisdiction of Tenet's appeal from the Justice Court.

Standard of Review

A plea to the jurisdiction contests a trial court's subject matter jurisdiction. Bland Independent School District v. Blue , 34 S.W.3d 547, 554 (Tex. 2000). We review the trial court's ruling on a plea to the jurisdiction under a de novo standard. Mayhew v. Town of Sunnyvale , 964 S.W.2d 922, 928 (Tex. 1998) ; Rowe v. Watkins , 340 S.W.3d 860, 862 (Tex.App.-El Paso 2011, no pet.). When a plea to the jurisdiction challenges the existence of jurisdictional facts, the trial court must consider the relevant evidence submitted by the parties when necessary to resolve the jurisdictional issue. Texas Department of Parks & Wildlife v. Miranda , 133 S.W.3d 217, 227 (Tex. 2004) ; Lopez v. Texas State University , 368 S.W.3d 695, 701 (Tex.App.-Austin 2012, pet. denied). When the jurisdictional facts are disputed, as in this case, the trial court makes the necessary fact findings to resolve the jurisdictional issues. Lopez , 368 S.W.3d at 701. On appeal, these fact findings are subject to a challenge for legal and factual sufficiency. Id.

Tenet Timely Perfected its Appeal

In Issue One, Pedroza asserts that the County Court erred by denying *611the plea to the jurisdiction because Tenet did not timely file its appeal from the Justice Court. We have construed this argument as challenging the legal sufficiency of the evidence because Pedroza asks in her prayer that we vacate the judgment of the County Court and render judgment in her favor. In evaluating the legal sufficiency of the evidence to support a finding, we must review all of the evidence in the light most favorable to the prevailing party, crediting favorable evidence if a reasonable fact finder could, and disregarding contrary evidence unless a reasonable fact finder could not. City of Keller v. Wilson , 168 S.W.3d 802, 827 (Tex. 2005).

Rule 506.1 provides that: "A party may appeal a judgment by filing a bond, making a cash deposit , or filing a Statement of Inability to Afford Payment of Court Costs with the justice court within 21 days after the judgment is signed or the motion to reinstate, motion to set aside, or motion for new trial, if any, is denied." [Emphasis added]. TEX.R.CIV.P. 506.1(a). The Justice Court signed the judgment on September 11, 2015. Thus, Tenet was required to perfect its appeal by filing the appropriate document in the Justice Court no later than October 2, 2015. Tenet deposited cash in the amount of $2,502.00 with the Justice Court on October 2, 2015. The cash deposit in lieu of bond is file-stamped by the Justice Court on October 2, 2015. Further, the Justice Court's register of actions shows that Tenet filed the cash deposit on October 2, 2015.

Pedroza argues that Tenet's cash deposit and notice of appeal were untimely because they were file-stamped by the El Paso County Clerk on October 5, 2015. This argument is misguided because it focuses on the filings made in the El Paso County Clerk's Office when the record of the Justice Court appeal was forwarded to the El Paso County Clerk. See TEX.R.CIV.P. 506.2 ("When an appeal has been perfected from the justice court, the judge must immediately send to the clerk of the county court a certified copy of all docket entries, a certified copy of the bill of costs, and the original papers in the case."). The record reflects that the El Paso County Clerk filed the original papers in the case on October 5, 2015, but the date on which this occurred does not determine whether Tenet timely perfected its appeal. The proper focus is on what Tenet filed in the Justice Court and when. The evidence conclusively establishes that Tenet timely perfected its appeal by making the cash deposit in the Justice Court on October 2, 2015. See TEX.R.CIV.P. 506.1(a). Issue One is overruled.

The Claims Against Fetter

In Issue Two, Pedroza additionally argues that Trevor Fetter was a party to case in the Justice Court and his failure to appeal the Justice Court's judgment operated to deprive the County Court of jurisdiction.

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Bluebook (online)
555 S.W.3d 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pedroza-v-tenet-healthcare-corp-texapp-2018.