Opinion
NO. 01-11-00340-CV
01-26-2012
MICHAEL SCOTT, Appellant v. KIMBERLY GARZA, Appellee
On Appeal from the 400th Judicial District Court
Fort Bend County, Texas
Trial Court Case No. 06-DCV-148379
MEMORANDUM OPINION
Appellant, Michael Scott, proceeding pro se, challenges the trial court's dismissal for want of prosecution of his suit against appellee, Kimberly Garza. In his sole issue, Scott contends that the trial court "committed a fundamental error by entering an order to dismiss appellant's claim that was void."
We affirm.
Background
On March 20, 2006, Scott filed an original complaint in Fort Bend County alleging that Garza, in her capacity as a "law library officer" at the McConnell Unit of the Texas Department of Criminal Justice ("TDCJ"), which is located in Bee County, "maliciously denied" Scott access to the legal library, preventing him from filing responses in a pending civil suit. In her answer, Garza generally denied Scott's allegations and asserted that she had qualified immunity from suit.
Over four years later, the trial court issued a notice of intent to dismiss the case for want of prosecution and set a hearing for December 27, 2010, ordering Scott to file, at least ten days prior to the hearing, a verified motion to retain the case. Scott's motion to retain was belatedly filed on December 27, 2010, and, on January 21, 2011, the trial court dismissed the case for lack of prosecution. Scott subsequently filed a motion for new trial and notice of appeal.
Jurisdiction
In his sole issue, Scott argues that the trial court "committed a fundamental error by entering an order to dismiss appellant's claim that was void" because it "lacked jurisdiction over events in the suit." Scott asserts that the facts of the case occurred in Bee County, the site of his incarceration and a "distinct and totally different jurisdiction" than Fort Bend County, and, therefore, "the trial court was deprived [of] power to enter order in the suit."
"Jurisdiction" refers to the power of a court, under the Constitution and laws, to determine the merits of an action between parties and to render a judgment. Gordon v. Jones, 196 S.W.3d 376, 382 (Tex. App.—Houston [1st Dist.] 2006, no pet.). Subject-matter jurisdiction refers to the court's power to hear a particular type of suit. Id. "District court jurisdiction consists of exclusive, appellate, and original jurisdiction of all actions, proceedings, and remedies, except in cases where exclusive, appellate, or original jurisdiction may be conferred by this Constitution or other law on some other court, tribunal, or administrative body." TEX. CONST. art. 5, § 8.
In contrast, venue "refers to the propriety of prosecuting, in a particular forum, a suit on a given subject matter with specific parties, over which the forum must, necessarily, have subject-matter jurisdiction." Gordon, 196 S.W.3d at 383. "Venue pertains solely to where a suit may be brought and [presents] a different question from whether the court has jurisdiction of the property or thing in controversy." Id. (citations and internal quotations omitted). "Moreover, unlike subject-matter jurisdiction, which may be challenged at any time, venue may be waived if not challenged in due order and on a timely basis." Id. (citing TEX. R. CIV. P. 86(1)) (internal citation omitted). "Because it may be waived, venue is not 'jurisdictional.'" Id.
Chapter 15 of the Texas Civil Practice and Remedies Code, entitled "venue," states that "an action that accrued while the plaintiff was housed in a facility operated by or under contract with the Texas Department of Criminal Justice shall be brought in the county in which the facility is located." TEX. CIV. PRAC. & REM. CODE ANN. § 15.019(a) (Vernon 2002). Thus, Scott's argument that the trial court lacked jurisdiction because the facts of his case occurred in Bee County while incarcerated is actually a challenge to venue. Here, the trial court had jurisdiction over the case as a district court where exclusive jurisdiction had not been conferred on another court, tribunal, or administrative body. See TEX. CONST. art. 5, § 8. Accordingly, we hold that the trial court did not lack jurisdiction to hear Scott's case, and the trial court's order of dismissal is not void.
We overrule Scott's sole issue.
Conclusion
We affirm the order of the trial court.
Terry Jennings
Justice
Panel consists of Justices Jennings, Sharp, and Brown.