Diocese of Galveston-Houston v. Stone

• Decision Date: 19 December 1994
• Docket Number: R,GALVESTON-HOUSTO,No. B14-94-00632-CV,B14-94-00632-CV
• Citation: 892 S.W.2d 169
• Parties: DIOCESE OFelator, v. The Honorable Kathleen STONE, Judge of the 55th District Court of Harris County, Texas, Respondent.
• Court: Texas Court of Appeals

Page 169

892 S.W.2d 169

DIOCESE OF GALVESTON-HOUSTON, Relator, v. The Honorable Kathleen STONE, Judge of the 55th District

Court of Harris County, Texas, Respondent.

No. B14-94-00632-CV.

Court of Appeals of Texas,

Houston [14th Dist.].

Dec. 19, 1994.

Rehearing Overruled March 2, 1995.

David M. Feldman, Richard A. Morris, Houston, for relator.

Paul S. Francis, Houston, for respondent.

Before SEARS, LEE and BARRON, JJ.

OPINION

BARRON, Justice.

This is an original mandamus proceeding. The real party in interest, Eric May, sued relator, the Diocese of Galveston-Houston (the "Diocese"), for breach of contract (wrongful termination) and related claims, in connection with May's termination as a teacher/administrator at Mt. Carmel High School ("Mt. Carmel"). The Diocese seeks mandamus relief from a trial court Order allowing limited discovery against the Diocese (and withholding ruling on a plea to the jurisdiction), on the ground the trial court lacks subject matter jurisdiction based on excessive government entanglement in church affairs. U.S. CONST. amend. I, XIV; TEX. CONST. art. I, § 6. The Diocese asks us to command the trial court, Judge Kathleen Stone, (1) to withdraw her order allowing limited discovery, and (2) to dismiss May's suit with prejudice.

We initially granted leave to file the petition for writ of mandamus and heard oral argument. On further reflection, we believe the writ of mandamus was improvidently granted, this proceeding being premature, there being fact issues to be resolved by the trial court, and there being an adequate remedy at law once the jurisdictional issue becomes ripe.

I.

Because this matter comes to us on an undeveloped factual record below, we summarize the following facts from the Original Petition and the papers before us.

Mt. Carmel is a coeducational Roman Catholic secondary school. In the Fall of 1988, May, a Protestant, was hired as a Latin teacher, under a one-year employment agreement to be renewed annually, from August 1 through July 31 of the succeeding year. In 1991-1992, May earned the School's Outstanding Teacher Award and received a commendation from the mayor of Houston. In January 1993, May was promoted to vice-principal in charge of discipline.

In the Spring of 1993, May was investigated for sexual harassment of several female students. In June 1993, May signed his contract for the 1993/94 school year.

On July 21, 1993, the School Principal, Anthony Durso, wrote May advising him of the findings of the investigation [which was inconclusive as to sexual harassment] and some resultant conditions on May's employment for the upcoming year. ¹

May's demotion involved a substantial pay cut. May attempted to resolve a perceived conflict between provisions in his contract and the conditions on his future employment, ² and was told the letter had to be accepted as written or he would be terminated. May did not sign the letter and was terminated. May appealed to the School Board (the Board). On July 28, 1993, the Board voted unanimously to support May and requested the Bishop rescind the actions taken against May. May attempted to initiate a grievance proceeding with the Diocese but it was not acknowledged.

On August 23, 1993, May sued the Diocese alleging: breach of contract (wrongful termination); intentional infliction of emotional distress (in flagrantly disregarding Diocese grievance procedures and progressive-discipline policies); and negligence/gross negligence (in the manner the investigation against May was conducted).

On April 22, 1994, the Diocese filed a Plea to the Jurisdiction requesting dismissal, contending that under both federal and state constitutions the trial court lacked jurisdiction to review the Diocese's "religious-based" decision to fire May for refusing to agree to its conditions. May filed a response. In discussing the plea to the jurisdiction with the lawyers, trial judge Kathleen Stone opined that the constitutional issue would be more properly presented in a motion for summary judgment, following limited discovery to respond to the jurisdictional attack. May filed a motion to take limited discovery and a motion to compel. ³ Judge Stone entered an Order expressly withholding ruling on the plea to the jurisdiction, allowing limited discovery and providing for post-discovery presentation of the jurisdictional issue in a motion for summary judgment, if appropriate. ⁴

On June 23, 1994, the Diocese filed this original proceeding, complaining of the trial court's retention of jurisdiction and the breadth of the Order regarding discovery.

II.

Mandamus is an extraordinary remedy available only in cases of manifest and urgent necessity. Walker v. Packer, 827 S.W.2d 833, 840 (Tex.1992). Mandamus issues only to correct a clear abuse of discretion or the violation of a duty imposed by law, when there is no other adequate remedy at law. Cantu v. Longoria, 878 S.W.2d 131, 132 (Tex.1994) (per curiam). The writ may not issue when an adequate remedy at law exists. Holloway v. Fifth Court of Appeals, 767 S.W.2d 680, 684 (Tex.1989); Street v. Second Court of Appeals, 715 S.W.2d 638, 639-40 (Tex.1986). A trial court abuses its discretion when it reaches a decision "so arbitrary and unreasonable as to amount to a clear and prejudicial error of law" [Id.], in other words where the trial court acts without reference to any guiding rules and principles. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241 (Tex.1985), cert. denied, 476 U.S. 1159, 106 S.Ct. 2279, 90 L.Ed.2d 721 (1986).

In actions where jurisdiction is challenged, all allegations in the plaintiff's pleadings are accepted as true. Green v. Watson, 860 S.W.2d 238, 240 n. 2 (Tex.App.--Austin 1993, n.w.h.). Even where there has been a determination as to subject matter jurisdiction, it is not properly attacked by mandamus since an adequate remedy exists on appeal. Bell Helicopter Textron, Inc. v. Walker, 787 S.W.2d 954, 955 (Tex.1990) (per curiam); Brown v. Herman, 852 S.W.2d 91, 92 (Tex.App.--Austin 1993, orig. proceeding) (per curiam). Where the jurisdictional issue has not been ruled on, it is premature to seek mandamus relief from such an order. Sharm, Inc. v. Euresti, 883 S.W.2d 701, 703 (Tex.App.--Corpus Christi 1994, orig. proceeding); Cf. Geary v. Peavy, 878 S.W.2d 602, 603 (Tex.1994) (per curiam).

In determining if extraordinary relief is warranted, an appellate court may not deal with underlying factual disputes. Walker, 827 S.W.2d at 839; Brady v. Fourteenth Court of Appeals, 795 S.W.2d 712, 174 (Tex.1990); Carter v. Fourteenth Court of Appeals, 789 S.W.2d 260, 261 (Tex.1990). On matters of fact, the Diocese would have to show that the trial court could reasonably have reached but one conclusion. GAF Corp. v. Caldwell, 839 S.W.2d 149, 150 (Tex.App.--Houston [14th Dist.] 1992, orig. proceeding).

III.

The Diocese maintains that the trial court lacks subject matter jurisdiction over May's claim because "review of whether the Diocese had sufficient grounds to take action on May's employment and whether the Diocese complied with its own policies would result in excessive government entanglement in church affairs, thus violating the First and Fourteenth Amendment[s] to the United States Constitution as well as Article I, Section 6 of the Texas Constitution." In its petition for writ of mandamus the Diocese points to particular evidence claiming religious concerns were shown in connection with the termination and thus there is excessive entanglement; in its reply brief the Diocese claims the jurisdictional inquiry is prohibited regardless of whether the termination was ecclesiastically based.

May contends relator's actions were not based on religious criteria and that this is not an ecclesiastical matter into which courts are prohibited from delving.

IV.

Jurisdiction is a court's first consideration. Bell v. Moores, 832 S.W.2d 749, 753 (Tex.App.--Houston [14th Dist.] 1992, writ denied). Subject matter jurisdiction exists when the nature of the case falls within the general category of cases the court is empowered, under applicable statutory and constitutional provisions, to adjudicate. City of El Paso v. Madero Development, 803 S.W.2d 396, 399 (Tex.App.--El Paso 1991, writ denied), cert. denied, 502 U.S. 1073, 112 S.Ct. 970, 117 L.Ed.2d 135 (1992). The jurisdictional test is whether the court has the power to enter upon an inquiry and not whether its conclusions are correct. Brown, 852 S.W.2d at 93. It is undisputed that civil district courts generally have jurisdiction over the type claims the real party in interest, May, asserts: breach of contract, intentional infliction of emotional distress and negligence/gross negligence. A court has the power to determine the facts underlying its jurisdiction. State v. Hipp, 832 S.W.2d 71, 75-76 (Tex.App.--Austin 1992), rev'd on other grounds, 867 S.W.2d 781 (1993).

Thus, we believe that the trial court did not abuse its discretion in taking steps to clarify the factual context of the Diocese's jurisdictional challenge and that the mandamus at this stage of the proceeding is premature.

V.

There is nothing to show the decision to terminate May in fact involved religious concerns so that excessive entanglement will result from discovery, or must by necessity result because, as a matter of law, religious concerns are implicated. It would be improper for this court to resolve facts in a mandamus proceeding. Walker, 827 S.W.2d at 839; Brady, 795 S.W.2d at 714; Carter, 789 S.W.2d at 261. Further, since the trial court withheld ruling on the jurisdictional issue pending limited discovery to ascertain the facts underlying its jurisdiction, if any, this proceeding is premature. The post-discovery motion for summary judgment contemplated in Judge Stone's Order provides the Diocese with an adequate remedy at law should discovery reveal the controversy is of a religious nature.

The Diocese claims that under Serbian Eastern Orthodox...