Simpson v. Canales

806 S.W.2d 802, 34 Tex. Sup. Ct. J. 487, 1991 Tex. LEXIS 43, 1991 WL 45131
CourtTexas Supreme Court
DecidedApril 3, 1991
DocketC-9256
StatusPublished
Cited by67 cases

This text of 806 S.W.2d 802 (Simpson v. Canales) 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
Simpson v. Canales, 806 S.W.2d 802, 34 Tex. Sup. Ct. J. 487, 1991 Tex. LEXIS 43, 1991 WL 45131 (Tex. 1991).

Opinions

OPINION

HECHT, Justice.

In this original mandamus proceeding we consider the authority of a trial court under Rule 171 of the Texas Rules of Civil Procedure to appoint a master to supervise pretrial discovery in a case. Joining in the petition for mandamus are the plaintiff and several of the defendants in a wrongful death case pending before the respondent district court. For reasons that follow, we conclude that the district court has exceeded its authority, and therefore we conditionally grant the writ of mandamus.

I

This proceeding arises out of a lawsuit pending in the 298th District Court of Dallas County, brought by Nell Simpson to recover damages for the wrongful death of her husband.1 Simpson’s eight-page petition alleges that her husband died of lung cancer caused by exposure to toxic chemicals present in various products designed, manufactured or marketed by eighteen [804]*804named defendants.2 Several of the defendants have filed cross-actions against one another.

Six months after suit was filed the trial court issued the following order unrequested by any party:

The Court after reviewing the pleading and motions on file herein, finds that there is a need for a master to assist the Court and to supervise all pre-trial discovery in this Cause.
It is, therefore, ORDERED that Gary Sibley, Esq., is appointed as special master to oversee pre-trial discovery, conduct hearings and make rulings in writing on all pre-trial discovery matters in the above-styled and numbered cause. Special Master Gary Sibley, Esq. shall be compensated at the rate of $175.00 per hour, to be paid one-half (½) by the Plaintiffs and one-half (½) in equal shares by all Defendants. Billings shall be submitted every two weeks and are payable by the parties immediately upon receipt. Any objections to the Master’s rulings shall be filed with the Court within ten (10) days of the signing of said rulings by the Master, or they shall be waived. The Special Master shall have all the powers authorized by Rule 171 of the TRCP, in addition to those set forth herein, to fully carry out the intent of this order.

What may have provoked the trial court to issue this order is unclear from the record before us. The parties acknowledge that numerous discovery requests were made after the suit commenced and that eight discovery motions requiring a hearing were filed in the first ten months of the litigation. While this is more activity than might be found in many cases, it is certainly not extraordinary. The record does not reflect that the trial court heard any of these motions before issuing its order appointing a special master.

Plaintiff moved the trial court to modify the order to relieve her of the obligation to pay for half the fees of the special master, asserting by affidavit that she lacked the financial resources to do so. The day after plaintiff’s motion was filed, the special master appointed by the trial court directed a letter to all counsel of record instructing them to attend a scheduling conference which he had set without the request of any party and apparently without any prompting by the trial court. The letter also stated:

The Court has ordered $10,000 deposited in trust to cover master fees incurred in this case. The amount is to be paid $5,000 each by Plaintiffs and Defendants. Please bring a check for your client’s pro rata share made payable to “Simpson v. PPG Master Trust Account” as well as ten stamped, self-addressed envelopes.

The special master’s statement that the court had ordered the parties to make a $10,000 deposit was simply incorrect; the record does not reflect that the trial court ever issued such an order. In directing the parties to present their checks for payment of this sum, the master was acting entirely upon his own.

One of the defendants, later joined by several others, then filed an objection asserting that the appointment of a special master was unauthorized and unnecessary. The objecting defendants urged that the complexity of the case did not justify the appointment, that the court was not authorized to require the parties to pay the master’s fees, and that the court itself had a duty to hear and rule on discovery matters.

At a hearing on plaintiff’s motion and defendants’ objection, only one defendant stated that it did not object to the appointment of the master. All defendants represented at the hearing opposed the plaintiff’s request that she not be required to [805]*805pay any part of the master’s fees. During the hearing the trial court stated:

Well, let the Order be — so reflect in the future, the Master is appointed pursuant to Rule 171 of the Texas Rules of Civil Procedure, in the discovery matters, not because they are complex, but because they are so numerous, the documents are so numerous, and take up so much of the Court’s time, the Court does not have the time to efficiently handle the administration of this Court’s business, and therefore is appointing a Master to aid the Court in pre-trial discovery matters in this case, and the Order stands.

Following the hearing, the trial court issued an amended order finding, somewhat contrary to the statement just quoted, that the issues in the case were complex, and modifying the payments to be made to the master. The amended order states:

The Court, after reviewing the pleadings and Motions on file herein and listening to the evidence and argument of counsel, finds that this is an exceptional case involving eighteen defendants against which the Plaintiff has alleged various toxic tort and product liability causes of action, some of which began in 1964 and continued thereafter. The issues are multitudinous and complex. The Defendants have filed counter-claims against one another and have alleged various affirmative defenses to Plaintiffs’ action. Defendants have been served with discovery requests and have each alleged numerous objections.
Because of the complex nature of the case and the numerous pre-trial issues to be disposed of, the Court finds that good cause exists for the appointment of a Master in Chancery under the provisions of Tex.R.Civ.P. 171, and that the increased expense of proceedings before the Master will result in offsetting benefits to the parties and the state through a reduction in the complexities of trial and pre-trial proceedings.
The Court finds that Gary Sibley is a citizen of the State of Texas, is not an attorney for or related to any of the parties and should be appointed Master and given all powers allowed a Master in Chancery by Tex.R.Civ.P. 177.
IT IS, THEREFORE, ORDERED that Defendants’ objections to appointment of a Master are overruled and that Gary Sibley is appointed Master in Chancery and given all powers conferred on such master by Tex.R.Civ.P. 171. The Master shall be compensated at the rate of $175.00 per hour. A trust account shall be established by the Master in a federally insured banking institution in Dallas County, Texas. The initial assessment to be paid to the trust account by the parties shall be paid $200.00 per month by the Plaintiffs and $550.00 each by the Defendants no later than September 15, 1989. Additional assessments shall be paid by the Defendants when the trust account balance in $3,000.00 or less.

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

Related

in Re Employee Funding of America, LLC
Court of Appeals of Texas, 2022
in Re Nettie Bivens
Court of Appeals of Texas, 2020
in Re George Green and Garlan Green
Court of Appeals of Texas, 2015
in Re: Pendragon Transportation LLC
423 S.W.3d 537 (Court of Appeals of Texas, 2014)
in Re Katherine Louise King
Court of Appeals of Texas, 2013
Glenn Floyd Smith v. Clement Aldridge, Jr.
Court of Appeals of Texas, 2012
In Re Behringer Harvard Tic Management Services LP
316 S.W.3d 831 (Court of Appeals of Texas, 2010)
in Re Art Harris
Court of Appeals of Texas, 2010
in Re Tracy Suttles and Wife, Cynthia Suttles
Court of Appeals of Texas, 2010

Cite This Page — Counsel Stack

Bluebook (online)
806 S.W.2d 802, 34 Tex. Sup. Ct. J. 487, 1991 Tex. LEXIS 43, 1991 WL 45131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simpson-v-canales-tex-1991.