DocketNumber: No. 08–15–00098–CV
Citation Numbers: 545 S.W.3d 670
Judges: Hughes, McClure, Rodriguez
Filed Date: 1/18/2017
Status: Precedential
Modified Date: 1/21/2022
ANN CRAWFORD McCLURE, Chief Justice *674This is an appeal from an order granting Margaret and Jesus Morales' Rule 91a motion to dismiss Anthony and Michael Aguilars' wrongful death action filed in the 205th District Court of El Paso County. For the reasons that follow, we affirm.
FACTUAL BACKGROUND
Anthony and Michael Aguilar (the Aguilars) filed a wrongful death suit against their sister, Margaret Morales, and brother-in-law, Jesus Morales (the Moraleses) in the 205th District Court of El Paso County on August 12, 2013. In their original petition, the Aguilars asserted that the Moraleses killed their mother, Alvilda Aguilar (Alvilda), when they drove her from San Antonio to El Paso for her late husband's funeral, and then back to San Antonio.
On September 4, 2013, Margaret, individually and as Independent Executor of Alvilda's estate, moved to have the case transferred to Probate Court No. Two in Bexar County which was currently administering Alvilda's estate. The next day, the probate court granted the motion. The Moraleses filed their answer to the Aguilars' original petition on September 6, 2013, and on October 4, 2013, subsequently filed a Rule 91a motion to dismiss, asserting that the Aguilars' action had no basis in law or fact. The Bexar County Probate Court granted the motion to dismiss on October 29, 2013.
The Aguilars appealed the transfer of their wrongful death action and the order granting the motion to the Fourth Court of Appeals. The court explained that because Margaret was sued in her individual capacity and the lawsuit alleged only a wrongful death cause of action, the causes of action asserted in the El Paso County lawsuit were not "related to [the] probate proceeding" as the phrase is defined in the Texas Estates Code. Moreover, the court highlighted the fact that Margaret was not a party to the lawsuit in her capacity as independent executrix of Alvilda's estate. Accordingly, the appellate court concluded that the Bexar County Probate Court erred in granting the motion to transfer venue. It reversed and rendered judgment denying the motion to transfer. It then clarified that nothing in its opinion precluded the Moraleses from filing a motion to dismiss pursuant to Texas Rule of Civil Procedure 91a in the El Paso trial court.
The Bexar County Probate Court signed its order transferring the case back to the El Paso trial court on November 17, 2014, and on January 14, 2015, the Moraleses again moved to dismiss the case under Rule 91a. The El Paso trial court held a hearing on February 18, 2015, and requested that the parties submit additional briefing on the issue. On March 23, 2014, the El Paso trial court granted the Morales' motion and this appeal follows.
The Aguilars raise thirteen issues on appeal. For purposes of this appeal, we are adopting the Morales' organizational approach, grouping the Aguilars' thirteen issues *675into three categories: (1) the timeliness of the filing of the motion to dismiss (Issues One, Two, Three, Four, and Thirteen)(Group One); (2) whether the trial court erred in granting the Morales' motion to dismiss (Issues Five, Six, Seven, Eight, Ten, and Eleven)(Group Two); and (3) whether the trial court had the authority to grant the motion more than 45 days after it was filed (Issues Nine, Twelve, and Thirteen)(Group Three).
STANDARD OF REVIEW
Rule 91a permits a party to move to dismiss a cause of action on the ground that it has no basis in law or fact. See TEX.R.CIV.P. 91a.1. As specified in the rule:
A cause of action has no basis in law if the allegations, taken as true, together with inferences reasonably drawn from them, do not entitle the claimant to the relief sought. Id. A cause of action has no basis in fact if no reasonable person could believe the facts pleaded.
Id. A motion to dismiss must identify each cause of action to which it is addressed and must state specifically the reasons the cause of action has no basis in law, no basis in fact, or both. TEX.R.CIV.P. 91a.2. The trial court may not consider evidence in ruling on the motion and must decide the motion based solely on the pleading of the cause of action, together with any exhibits permitted by Rule 59.
We generally review a trial court's ruling on a motion to dismiss in other contexts for abuse of discretion; however, we review de novo the trial court's ruling on a question of law. See , e.g. , Nexion Health at Beechnut, Inc. v. Paul ,
Although we acknowledge that Rule 91a motions to dismiss are unique, we find them to be analogous to pleas to the jurisdiction, which require a court to determine whether the pleader has alleged facts demonstrating jurisdiction. See Tex. Dep't of Parks & Wildlife v. Miranda ,
Rule 91a also requires the court to determine whether a "reasonable person could believe the facts pleaded" to determine whether a pleading has a basis in fact. TEX.R.CIV.P. 91a.1. This language is similar to a legal sufficiency challenge, in which we ask whether the evidence at trial would enable reasonable people to reach the verdict under review. See City of Keller v. Wilson ,
Federal courts also apply a de novo standard of review to a trial court's ruling on a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6).
For a complaint to survive a Federal Rule 12(b)(6) motion to dismiss, it must contain "enough facts to state a claim to relief that is plausible on its face."
Like our sister courts, we conclude that both determinations of whether *677a cause of action has any basis in law and in fact are legal questions subject to de novo review , based on the allegations of the live petition and any attachments thereto. Wooley v. Schaffer ,
GROUP ONE: WAS THE MOTION TO DISMISS TIMELY FILED?
The crux of the Aguilars' arguments in Group One is that the Moraleses failed to file their Rule 91a motion to dismiss in the El Paso trial court before venue was transferred to the Bexar County Probate Court. According to the Aguilars, the failure to do so precludes the Moraleses from re-asserting the motion to dismiss when the case was transferred back to the El Paso trial court. The Morales' response to the Aguilars' argument is that the relation-back doctrine applies, and that the January 14, 2015, motion to dismiss in the El Paso trial court related back to October 4, 2013, the date the motion was originally filed in the Bexar County Probate Court. The issues essentially address the question of whether the Moraleses' second motion to dismiss was timely filed in the El Paso trial court.
The relation-back doctrine, now statutorily defined, originated as an equitable remedy designed to effectuate justice. Cain v. State ,
When a cause of action is dismissed and later refiled, limitations are calculated to run from the time the cause of action accrued until the date that the claim is refiled. Clary Corp. v. Smith ,
*678post-dismissal was a new lawsuit, not an amendment) with Abbott v. Foy ,
For example, in Smith , two defendants filed a pleading in which they each asserted counterclaims against the plaintiff.
The facts of this case, however, are distinguishable from those in Smith : the Fourth Court of Appeals reversed the Bexar County Probate Court's order dismissing the case and rendered a judgment that the motion to transfer was denied. Based on these events, because the case was ultimately not dismissed, the Moraleses' January 14, 2015, motion to dismiss would not fall under the post-dismissal category in which the relation-back doctrine would not apply. It is clear that when the case was transferred back to the El Paso trial court, the action continued based on the Aguilars' original petition and the wrongful death cause of asserted therein; moreover, the temporary transfer of the case to the Bexar County Probate Court did not put the Aguilars in the position of a party who had never filed suit. Every pleading originally involved, including the Aguilars' original petition and the Moraleses' motion to dismiss, remained the same. The record does not reflect that this case was dismissed and later refiled, but rather that it was the same case and cause of action throughout. The Moraleses' January 14, 2015, subsequent motion to dismiss is more akin to an amended rather than a new pleading. Accordingly, it relates back to their original motion to dismiss, dated October 4, 2013, which was filed well within the 60 day requirement set out in Rule 91.a.
Additionally, the Aguilars' brief suggests several ways in which the rule should be interpreted to the facts at hand. For example, they insist that Rule 91a.8 requires that the motion to dismiss be heard in the court where the original pleading was filed. According to the Aguilars, only if the motion is denied may a motion to transfer be filed. In other words, no motion to transfer can be considered prior the ruling on the motion to dismiss. We disagree.
The example offered in the Moraleses' brief is especially helpful in addressing the Aguilars' point above. Both parties distinguish the unique nature of transfers of venue in probate cases as opposed to ordinary civil cases. Unlike other civil cases in which a motion to transfer venue is filed in the court in which the action is commenced, in probate cases, a statutory probate *679court has the authority to transfer to itself a cause of action pending in another court that is related to the probate proceeding or in which the personal representative of an estate is named as a party. TEX.ESTATES CODE ANN. § 34.001(a) (West 2014). The probate court has the ability to make such a transfer on the motion of a person interested in the estate, or on the motion of a person who may or may not even be a party to the action that is the subject of the transfer order.
However, even in the instance where no statutory probate courts are involved, the Aguilars' construction of Rule 91a would likely still lead to a result the drafters of rule did not intend. Again, the Moraleses' brief has provided this court with a persuasive example concerning the consequences of the Aguilars' interpretation of Rule 91a. The example has the court consider a defendant who is sued in a case in which venue is mandatory in another county. First, the defendant files a Rule 91a motion to dismiss that is actually meritorious but is nevertheless denied by the trial court. The defendant then subsequently files a motion to transfer venue, which is erroneously denied by the trial court. Under those circumstances, the defendant is entitled to challenge the venue ruling in an original mandamus proceeding, see TEX.CIV.PRAC.&REM.CODE ANN. § 15.0642 (West 2002), and is successful in doing so. Ultimately, the case is then transferred back to the correct county where it should have been filed. If we were to adopt the Aguilars' reasoning, the defendant in this hypothetical would be precluded from refiling its Rule 91a motion to dismiss because more than 60 days necessarily passed from the date the defendant was served.
GROUP TWO: DID THE EL PASO TRIAL COURT ERR IN DISMISSING THE AGUILARS' SUIT?
The Aguilars' next group of issues (Issues Five, Six, Seven, Eight, Ten, and Eleven) essentially challenges the El Paso trial court's order dismissing their suit. The Aguilars assert that their original petition had both a basis in law and in fact.
Rule 91a permits a trial court to dismiss a cause of action on the grounds that it has no basis in law or in fact. TEX.R.CIV.P. 91a.1. A cause of action has no basis in law *680if the allegations, taken as true, together with the inferences reasonably drawn from them, do not entitle the claimant to the relief sought.
The Aguilars' claims at trial involved a wrongful death action pursuant to section 71.002 of the Texas Civil Practice and Remedies Code. TEX.CIV.PRAC.&REM.CODE ANN. § 71.002 (West 2008). "The elements of a negligence cause of action are the existence of a legal duty, a breach of that duty, and damages proximately caused by the breach." IHS Cedars Treatment Ctr. of DeSoto, Tex., Inc. v. Mason ,
Additionally, as part of their wrongful death claim, the Aguilars were required to allege facts that would plausibly show the trial court that the Moraleses' actions were the proximate cause of their mother's death. Mason ,
The Moraleses lived with Ramiro and Alvilda in San Antonio. Ramiro passed away in July 2012 and arrangements were made to bury him at the Fort Bliss National Cemetery in El Paso. The Moraleses drove Alvilda from San Antonio to El Paso so she could attend her husband's funeral. During her stay in El Paso, Alvilda suffered from an intestinal impaction. On her trip back to San Antonio, she became ill in Ozona and had to be taken to a hospital in San Angelo. From there, an ambulance transported her to San Antonio. She passed away on August 2, 2012, as a result of complications occurring from the impaction.
The Aguilars alleged the following assertions in support of their contention that the Moraleses were negligent and wrongfully caused Alvilda's death:
• The Moraleses had a duty to maintain and assist Alvilda because she *681and Ramiro provided them with housing, money, and other benefits.
• Alvilda also had a right to be free from abuse, neglect, and exploitation. TEX.HUMAN RESOURCES CODE ANN. § 102.003(b)(3) (West 2013).
• The Moraleses failed to have Alvilda transported by airplane or motor home instead of by car from San Antonio to El Paso.
• The Moraleses made the trip in one day from San Antonio to El Paso rather than two days so that Alvilda could rest.
• While traveling and upon arrival in El Paso, Alvilda was under a different regimen and woke up, ate, bathed, and dressed at a different time than she was normally accustomed to.
• Margaret failed to make arrangements to have a medical doctor available in El Paso to check on Alvilda's medical condition and determine whether she was physically able to make the return trip to San Antonio.
• Margaret also made Alvilda attend a party at an El Paso restaurant and eat food that was extremely bad for her.
• On the morning they left to travel back to San Antonio, Margaret made Alvilda get out of bed at an extremely early hour, failed to see if she had an medical discomfort or problems, and failed to give her sufficient time to use the restroom facilities.
The Moraleses responded in their motion to dismiss that the Aguilars failed to allege facts to support the legal element that the Moraleses owed a duty to Alvilda. Specifically, the Moraleses asserted that the Texas law does not recognize a legal duty simply because Alvilda assisted them with housing and money. Additionally, the Moraleses highlight the undisputed fact that, at the time Alvilda traveled to El Paso for her husband's funeral, she was a fully competent individual. As such, there was no duty owed to a person competent to make her own decisions concerning travel.
The Moraleses further argued that the Aguilars' allegations, taken as true, do not constitute a legal basis for the claim that the Moraleses caused the wrongful death of Alvilda. Regarding the causation issue, a plaintiff must prove by a preponderance of the evidence, that a negligent act or omission was a substantial factor in bringing about the harm and without which the harm would not have occurred. Kramer ,
The Aguilars fail to cite any other authority supporting their contention that the Moraleses owed Alvilda a legal duty to maintain and assist because Alvilda provided housing, money, and other benefits to the Moraleses. We have yet to find case law supporting such a contention. This is likely so because, as the Moraleses correctly point out, Texas law imposes no such duty. The only citation the Aguilars provide concerns their assertion that Alvilda has the right to be free from abuse, neglect, and exploitation, pursuant to section 102.003(b)(3) of the Texas Human Resources Code. TEX.HUM.RES.CODE ANN. § 102.003(b)(3). While this may be true, the Aguilars failed to plead a cause of action for any kind of abuse, neglect, or exploitation. The Aguilars also highlight section 102.003(b)(1), which provides that elderly individuals have the right to make *682their own choices regarding their personal affairs. Id. at 102.003(b)(1). While correct in their citation, the Aguilars have nonetheless failed to highlight any dispute or facts pled in the petition suggesting that Alvilda was incompetent during the time in which she traveled to her husband's funeral and unable to make her own decisions.
The Aguilars' petition failed to establish that the Moraleses owed a legal duty to Alvilda. Therefore, we need not consider whether the facts in the petition supported the causation element of the Aguilars' wrongful death claim. We overrule Issues Five, Six, Seven, Eight, Ten, and Eleven.
GROUP THREE: DID THE EL PASO TRIAL COURT ERR WHEN IT RULED ON THE MORALES' MOTION TO DISMISS AFTER THE 45 DAY TIMEFRAME REQUIRED BY RULE 91A ?
A trial court must rule on a Rule 91a motion to dismiss within 45 days of the date it is filed. TEX.R.CIV.P. 91a.3(c). Here, the parties do not dispute the fact that the El Paso trial court signed its order dismissing the Aguilars' case 68 days after the motion was filed. It appears that the Aguilars' issues in Group Three (Issues Nine, Twelve, and Thirteen) contend that error occurred because the trial court did not timely rule on the motion to dismiss, thus requiring reversal.
However, the Aguilars must still show that error, if any, probably caused the rendition of an improper judgment to warrant reversal. TEX.R.APP.P. 44.1(a)(1). The Aguilars have failed to do so here. Furthermore, given the finding in Group Two that the Aguilars' petition had no basis in law or fact, it is difficult to see then how the late dismissal could have resulted in the rendition of an improper judgment. We overrule Issues Nine, Twelve, and Thirteen. Having overruled all issues for review, we affirm the judgment of the trial court.
Hughes, J., not participating
The Morales' brief refers to Alvilda as "Alvidra;" however, the record reflects that she spelled her name "Alvilda." Accordingly, we will also refer to the Morales' mother as "Alvilda."
Rule 59, in relevant part, allows "written instruments, constituting, in whole or in part, the claim sued on [to] be made part of the pleadings ... for all purposes." Tex.R.Civ.P. 59.
Before the adoption of Rule 91a, Texas procedure did not have a dismissal mechanism similar to Rule 12(b)(6). GoDaddy ,
In ruling on such a motion, the court cannot look beyond the pleadings. Bart Turner & Assocs. v. Krenke , 3:13-CV-2921-L,
In addition to the practical reality that an original mandamus proceeding would unlikely be disposed of within 60 days, the Rules of Civil Procedure would dictate that 60 days necessarily must pass from the date the defendant is served. This is because the plaintiff would be entitled to a 21-day notice for the original motion to dismiss hearing and an additional 45-day notice for the hearing on the motion to transfer venue. See Tex.R.Civ.P. 91a.3(b); Tex.R.Civ.P. 87(1).
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