Querner Truck Lines, Inc. v. State

Texas Supreme Court

Querner Truck Lines, Inc. v. State

652 S.W.2d 367, 26 Tex. Sup. Ct. J. 412, 1983 Tex. LEXIS 322

CourtTexas Supreme Court

DecidedMay 25, 1983

DocketNo. C-1857

StatusPublished

Cited by2 cases

This text of 652 S.W.2d 367 (Querner Truck Lines, Inc. v. State) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Querner Truck Lines, Inc. v. State, 652 S.W.2d 367, 26 Tex. Sup. Ct. J. 412, 1983 Tex. LEXIS 322 (Tex. 1983).

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Opinion

BARROW, Justice.

This is a direct appeal from a final judgment which held former article 7266¹ constitutional and denied Querner Truck Lines, Inc. a permanent injunction restraining the sale of its property by the Bexar County Tax Assessor for delinquent taxes. We recently held the statute constitutional in a companion case. See Shaw v. Phillips Crane & Rigging of San Antonio, Inc., 636 S.W.2d 186 (Tex.1982). We adhere to that holding and affirm the judgment of the trial court.

Although this case and Phillips Crane were originally filed as companion cases, Querner seeks to distinguish our prior holding on two grounds. It asserts that we did [368]*368not consider the fourth amendment² of the United States Constitution in our determination of Phillips Crane. This contention is without merit. Querner concedes that this amendment was presented in the prior appeal. Furthermore, this argument is but another shade of its due process argument which was fully considered and rejected in Phillips Crane.

Querner would further distinguish this case by urging that article 7266 is unconstitutional because it deprives him of the statutory protection of the four year statute of limitations. See art. 7298.³ This argument fails because of the limited review available on direct appeal. This Court has strictly applied the constitutional and statutory requirements for a direct appeal. E.g., Martinez v. Rodriguez, 608 S.W.2d 162 (Tex.1980); Mitchell v. Purolator Security, Inc., 515 S.W.2d 101 (Tex.1974). The applicability of a statute of limitations which bars the remedy and not the debt is not a question of constitutional dimensions. Such a question is properly addressed by appeal to the appropriate court of appeals and not by direct appeal. Tex. Const. art. V, § 3 — b; art. 1738a; Tex.R.Civ.P. 499a.

The judgment of the trial court is affirmed.

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BARROW, Justice.

This is a direct appeal from a final judgment which held former article 7266¹ constitutional and denied Querner Truck Lines, Inc. a permanent injunction restraining the sale of its property by the Bexar County Tax Assessor for delinquent taxes. We recently held the statute constitutional in a companion case. See Shaw v. Phillips Crane & Rigging of San Antonio, Inc., 636 S.W.2d 186 (Tex.1982). We adhere to that holding and affirm the judgment of the trial court.

Although this case and Phillips Crane were originally filed as companion cases, Querner seeks to distinguish our prior holding on two grounds. It asserts that we did [368]*368not consider the fourth amendment² of the United States Constitution in our determination of Phillips Crane. This contention is without merit. Querner concedes that this amendment was presented in the prior appeal. Furthermore, this argument is but another shade of its due process argument which was fully considered and rejected in Phillips Crane.

Querner would further distinguish this case by urging that article 7266 is unconstitutional because it deprives him of the statutory protection of the four year statute of limitations. See art. 7298.³ This argument fails because of the limited review available on direct appeal. This Court has strictly applied the constitutional and statutory requirements for a direct appeal. E.g., Martinez v. Rodriguez, 608 S.W.2d 162 (Tex.1980); Mitchell v. Purolator Security, Inc., 515 S.W.2d 101 (Tex.1974). The applicability of a statute of limitations which bars the remedy and not the debt is not a question of constitutional dimensions. Such a question is properly addressed by appeal to the appropriate court of appeals and not by direct appeal. Tex. Const. art. V, § 3 — b; art. 1738a; Tex.R.Civ.P. 499a.

The judgment of the trial court is affirmed.

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Bluebook (online)

652 S.W.2d 367, 26 Tex. Sup. Ct. J. 412, 1983 Tex. LEXIS 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/querner-truck-lines-inc-v-state-tex-1983.

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