Vickie C. McNulty Myers v. Frank W. Bracewell Charitable Foundation ( 2014 )


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  • Reversed and Remanded and Memorandum Opinion filed December 11, 2014.
    In The
    Fourteenth Court of Appeals
    NO. 14-14-00342-CV
    VICKIE C. MCNULTY MYERS, Appellant
    V.
    FRANK W. BRACEWELL CHARITABLE FOUNDATION, Appellee
    On Appeal from the 239th District Court
    Brazoria County, Texas
    Trial Court Cause No. 75,327-CV
    MEMORANDUM                     OPINION
    This is a restricted appeal from a judgment dated December 26, 2013, and a
    judgment nunc pro tunc dated January 16, 2014. The parties agree that neither the
    judgment nor the judgment nunc pro tunc comply with Section 51.903(g) of the
    Texas Government Code and that both should be reversed.
    Appellant requests we render judgment that both orders are invalid.
    Appellee requests a remand with instructions to enter an order that complies with
    the statute.
    Under the government code, a person against whom a purported judgment
    was rendered can file a motion requesting a judicial determination regarding
    whether the alleged judgment should be accorded lien status. See generally Tex.
    Gov’t Code Ann. § 51.902 (West 2013). The motion may be ruled on by a district
    judge having jurisdiction over real property matters in the county where the subject
    documentation was filed. See 
    id. § 51.902(c).
    The court’s review of the motion and
    documentation may be made ex parte, without notice, and may be based solely on
    the documentation attached to the motion. See 
    id. The government
    code further
    provides that the court’s ruling on the motion, in the nature of a finding of fact and
    a conclusion of law, is unappealable if it is substantially similar to the form
    suggested in the government code. See 
    id. Thus, under
    the plain language of the
    statute, our appellate authority is limited to ensuring that the trial court made its
    ruling in the form required by the statute. See 
    id. We are
    not authorized to review
    the substantive determination made by the trial court. See id.; In re a Purported
    Judgment Lien Against Barcroft, 
    58 S.W.3d 799
    , 801 (Tex.App.-Texarkana 2001,
    no pet.). Accordingly, we reverse the trial court’s judgments entered December 26,
    2013, and January 16, 2014, and remand for entry of an order in the form required
    by the statute.
    PER CURIAM
    Panel consists of Justices McCally, Brown and Wise.
    2
    

Document Info

Docket Number: 14-14-00342-CV

Filed Date: 12/12/2014

Precedential Status: Precedential

Modified Date: 12/12/2014