Smith v. City of Garland

523 S.W.3d 234, 2017 WL 1439699, 2017 Tex. App. LEXIS 3586
CourtCourt of Appeals of Texas
DecidedApril 20, 2017
DocketNo. 05-16-00474-CV
StatusPublished
Cited by15 cases

This text of 523 S.W.3d 234 (Smith v. City of Garland) 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
Smith v. City of Garland, 523 S.W.3d 234, 2017 WL 1439699, 2017 Tex. App. LEXIS 3586 (Tex. Ct. App. 2017).

Opinion

OPINION

Opinion by

Justice Boatright

This is a dispute about promotions in the City of Garland (“City”) fire department. The City sued appellant Randy E. Smith and many other City fire fighters, including the people who are now appellees in this case. The City voluntarily; dismissed Smith from the suit, but-he later intervened, suing the City and the fire fighters who the City had not dismissed from the case. The City and the fire fighters moved to strike Smith’s intervention, -and for entry of final judgment. The trial court granted their motions, and Smith now appeals, challenging the trial court’s'jurisdiction and asserting that the trial court abused its discretion in striking his intervention. We affirm the trial court’s judgment.

Background

Smith and the individual appellees (“Fire Fighter appellees”) are employed by the City. Chapter 143 of the Texas Local Government Code governs promotion of fire fighters employed by the City. Tex. Loc. Gov’t Code Ann. §§ 143.001-143.403 (West 2008 & Supp. 2016). Positions in the fire department “may be filled only from an eligibility list that results from an examination” held in accordance with Chapter 143. Id. § 143.021(c).

The City sued Smith and the Fire Fighter appellees seeking declaratory relief after it “became aware that two or more firefighters had engaged in an elaborate scheme to obtain promotions by cheating on civil service promotional examinations,” as it alleged in its original petition. The City undertook an investigation, which resulted in the resignation of three fire fighters who had been promoted. The resignations created vacancies, but only after the eligibility lists based on the examinations in question had expired.

In its petition, the City complained that other fire fighters who had participated in the examinations “alleged that the City was required to adjust the rank and seniority of fire fighters affected by the scheme to cheat on the exam.” The City also alleged, “[i]n addition, fire fighters who intended to take the promotional examination in the future would be affected by any adjustment to seniority or rank made by the City as a result of the scheme to cheat on examinations.” The City alleged that Chapter 143 prohibited it from adjusting the rank and seniority of any fire fighters after the promotional lists were certified by the Garland Civil Service Commission (the “Commission”). The City sought a declaration that “it is' not required to adjust the rank or seniority of any fire fighters who were affected by the cheating scheme.” In the alternative, the City sought a declaration that “fire fighters taking future promotional examinations ... are not entitled to further relief from the City.”

Smith did not take the promotional exam affected by the cheating and subsequent resignations. Consequently, he was not on the eligibility lists for promotion. He was on the eligibility list for promotion to the rank of Lieutenant, however, at the time the trial court rendered judgment in this suit. The City sued Smith, so he appeared and answered the suit, but he did not propound any discovery requests and [238]*238did not seek any relief from the trial court other than dismissal of the City’s claims.

The Fire Fighter appellees filed a counterclaim, seeking a declaratory judgment and injunctive relief. They alleged that the promotions that were made as a result of the cheating scheme described in the City’s petition were “void ab initio because they'were not the result .of competitive promotional examinations, as required by Chapter 143.” They alleged that “a number” of the Fire Fighter appellees “were deprived of promotions to which they were rightfully entitled.” They sought (1) a declaration that certain of them were entitled to retroactive promotion because of the City’s failure to fill vacancies in accordance with Chapter 143; and (2) injunctive relief “effectuating the retroactive promotions',” including back pay.

The City and the Fire Fighter appellees subsequently agreed that (1) the seniority dates and/or the ranks of seven of the Fire Fighter appellees would be adjusted; (2) none of the Fire Fighter appellees would receive an award of back pay; and (3) the City would nonsuit its claims against the remaining Fire Fighter appellees. The City nonsuited its claims against all but the seven Fire Fighter appellees whose seniority dates and/or ranks were to be adjusted.

Smith, however, intervened in the lawsuit after the City’s nonsuit of its claims against him. Claiming that the promotions of the seven Fire Fighter appellees would “adversely affect [his] rights under Chapter 143,” Smith sought a declaration that “the City is prohibited from adjusting the, rank or seniority of any firefighters, including but not limited to those alleging they were affected by the alleged cheating, other .than in strict accordance with Chapter 143.” The City and the Fire Fighter appellees filed motions to strike the intervention, which the trial court granted after a hearing on January 20, 2016.

The trial court rendered final judgment on January 25, 2016. The judgment recites that the trial court previously (1) entered orders of nonsuit regarding all of the Fire Fighter appellees other than, the seven whose seniority dates or ranks were adjusted, and (2) struck Smith’s intervention. This appeal followed, In three issues, Smith asserts (1) he had standing to file a motion for new trial, so that his'notice of appeal was timely; (2) the trial court abused its discretion in striking his intervention; and (3) the trial court’s judgment is void for lack of subject matter jurisdiction. We first address the questions regarding the jurisdiction of this Court and of the trial Court.

Jurisdiction

A. Appellate Jurisdiction

We are required to review sua sponte issues affecting; our jurisdiction. Bank of N.Y. Mellon v. Guzman, 390 S.W.3d 593, 596 (Tex. App.—Dallas 2012, no pet.). Because the record reflected that the City had nonsuited its claims against Smith prior to judgment, we initially questioned our jurisdiction over Smith’s appeal and requested that the parties address the issue by letter.. In their responses, the parties explained that Smith intervened in the suit after the City nonsuited its claims against him. Appellees then filed a motion to strike Smith’s 'intervention that was granted by. the trial court. Smith seeks appellate review of this ruling. We requested that the parties address the issue of this Court’s jurisdiction in their appellate briefing, which they have done.

1. After final judgment, Smith could appeal the trial court’s order striking his intervention.

[239]*239The trial court granted appellees’ motion to strike Smith’s intervention on January 20, 2016. The trial court’s order striking Smith’s intervention was not ap-pealable before the rendition of a final judgment. Metromedia Long Distance, Inc. v. Hughes, 810 S.W.2d 494, 499 (Tex. App.—San Antonio 1991, writ denied). Five days later, on January 25, 2016, the trial court rendered its final judgment, and the interlocutory order was merged into the judgment. See In re Guardianship of Miller III, 299 S.W.3d 179, 184 (Tex.

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Cite This Page — Counsel Stack

Bluebook (online)
523 S.W.3d 234, 2017 WL 1439699, 2017 Tex. App. LEXIS 3586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-city-of-garland-texapp-2017.