Garcia v. Commissioners Court

• Decision Date: 27 March 2003
• Docket Number: No. 13-01-201-CV.,13-01-201-CV.
• Citation: 101 S.W.3d 778
• Parties: Amparo E. GARCIA, Individually and as Independent Executrix of the Estate of Javier Escalante and Piedad C. Escalante, Appellant, v. COMMISSIONERS COURT OF CAMERON COUNTY, Texas, Appellee.
• Court: Texas Court of Appeals

101 S.W.3d 778

Amparo E. GARCIA, Individually and as Independent Executrix of the Estate of Javier Escalante and Piedad C. Escalante, Appellant, v. COMMISSIONERS COURT OF CAMERON COUNTY, Texas, Appellee.

No. 13-01-201-CV.

Court of Appeals of Texas, Corpus Christi-Edinburg.

March 27, 2003.

Luis R. Hernandez, Tom Fleming, Fleming & Hernandez, Brownsville, for appellant.

C. Douglas Wright, Asst. Dist. Atty., Brownsville, Ruben R. Pena, Law Office of Ruben R. Pena, P.C., Harlingen, for appellee.

Ruben R. Pena, for Jose Vega.

Before Justices YAREZ, CASTILLO, and DORSEY.¹

OPINION

Opinion by Justice CASTILLO.

Appellants Amparo E. Garcia, individually and as independent executrix of the estate of Javier Escalante, and Piedad C. Escalante (collectively, "the Escalantes") complain the trial court erred in granting summary judgment to appellees Jose Vega, Simon H. Vega, Andres Vega, Anita Vega, Maria De La Luz Vega, Guadalupe Ayala, Lloyd K. Bradley, Jr., Andy Joiner, Jose Araujo, Jose Vega, and Isabel Vega (collectively, "the Vegas"). The Vegas reply that summary judgment was proper.

Our initial inquiry is always whether we have jurisdiction over an appeal. Tex. Assn of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 443 (Tex.1993). We are obligated to determine, sua sponte, our own jurisdiction. N.Y. Underwriters Ins. Co. v. Sanchez, 799 S.W.2d 677, 678 (Tex. 1990) (per curiam); Welch v. McDougal, 876 S.W.2d 218, 220 (Tex.App.-Amarillo 1994, writ denied). In dismissing this appeal for want of jurisdiction, we first analyze the claims brought by the parties.

I. PROCEDURAL HISTORY

A. Summary of the Proceedings

The Escalantes sought a declaratory judgment against the Los Fresnos Consolidated Independent School District ("Los Fresnos CISD") and the Commissioners Court of Cameron County, Texas ("Cameron County") regarding the closing of Missouri Street in Cameron County, Texas. The Vegas intervened, seeking a declaratory judgment against the Escalantes and against Los Fresnos CISD regarding ownership of and access to the road, and the Escalantes in turn counter-claimed against the Vegas for a declaratory judgment. Both the Escalantes and the Vegas requested attorney fees. The Vegas filed a traditional and no-evidence motion for summary judgment. The four declaratory judgment actions were the live pleadings before the trial court at the time the Vegas filed their motion for summary judgment. Without specifying the grounds, the trial court granted the Vegas' motion and their request for attorney fees. This appeal ensued.²

B. The Escalantes' Original Claims

At the time the trial court considered the Vegas' motion for summary judgment, it had before it the Escalantes' first amended original petition and application for temporary restraining order. In the amended petition, the Escalantes sought: (1) a temporary restraining order to prevent Los Fresnos CISD from presenting a petition to Cameron County to close Missouri Street as well as to restrain Cameron County from taking any action to discontinue or abandon any portion of Missouri Street; and (2) under chapter 37 of the civil practice and remedies code (the "Declaratory Judgment Act")³, that the trial court determine and declare: (a) the rights, status, and other legal relations between the Escalantes and Los Fresnos CISD and between the Escalantes and Cameron County concerning Missouri Street; and (b) that a permanent injunction was necessary to preclude and prevent the discontinuance and abandonment of all or any portion of Missouri Street.

C. Los Fresnos CISD and Cameron County's Answers

To the Escalantes' claims, Los Fresnos CISD filed an answer asserting that the Escalantes' petition was either moot or premature because: (1) Los Fresnos CISD had withdrawn its petition to close Missouri Street; (2) there was no request pending before the Commissioners Court of Cameron County to close the road; and, as a result, (3) Cameron County had not ordered closure of the road. Cameron County answered the Escalantes' claims with a general denial. The Escalantes nonsuited their claims against both governmental entities after entry of the summary judgment, and the trial court signed orders of nonsuit.

D. The Vegas' Intervention

Like the Escalantes, the Vegas brought their intervention under the Declaratory Judgment Act. In their second amended plea in intervention, the Vegas alleged that the Escalantes sought "to block off a portion of Canal Road⁴ that would prohibit the Intervenors having ingress or egress to their homes located off of Canal Road." The Vegas requested the Court to: (1) determine that the Escalantes or their predecessors in title permitted the use of Canal Road to such an extent that it had become a public road; (2) alternatively, determine that the Vegas had an easement by prescription to access their property; (3) determine and declare the rights, status, and other legal relations between the Vegas and the Escalantes and between the Vegas and Los Fresnos CISD concerning the interpretation of a deed conveying a one-acre tract of land to the Escalantes; (4) alternatively, to prohibit the Escalantes from restricting access in any manner until such time as a public road was connected to Canal Road that would give the Vegas access to their property;⁵ and, (5) award attorney fees to the Vegas under section 37.009 of the Declaratory Judgment Act.⁶ The Vegas did not nonsuit their claims against Los Fresnos CISD, and no order of nonsuit appears in the record either before or after the trial court signed the order granting the Vegas' motion for summary judgment.

E. The Escalantes' Counter-Claims

Also at the time the trial court considered the Vegas' motion for summary judgment, it had before it the Escalantes' counter-petition against the Vegas for a declaratory judgment in which the Escalantes alleged that: (1) the "road connecting FM 1575 on Canal Street was a private road partially across real estate owned" by the Escalantes; (2) the "private road" was established by Piedad Escalante and her late husband for their private use, and, although used by other persons who own property on Canal Street, neither Escalante nor her husband intended to dedicate the property for public use; (3) the Escalantes were owners of the land in fee simple; (4) the "private road" was never dedicated as a public road; and (5) no easement for public use of the road existed. The Escalantes also filed their counter-petition under the Declaratory Judgment Act, requesting that the trial court: (1) determine and declare the rights, status, and other legal relations between the Escalantes and the Vegas; and (2) award attorney fees to the Escalantes under section 37.009 of the Declaratory Judgment Act⁷

We now turn to the summary judgment proceedings.

II. THE SUMMARY JUDGMENT PROCEEDINGS

A. The Vegas' Motion for Summary Judgment

In their motion for summary judgment, the Vegas contended that the essential element of the Escalantes' claim was that the Escalantes were the "fee owner of the land which they are seeking to barricade and cut off from use" by the Vegas. The Vegas further claimed that their summary judgment evidence established that: (1) the Escalantes "have neither plead nor can they prove ownership of the existing roadway to which they are making claim"; (2) the Escalantes' claim must fail because the Escalantes'"predecessor in title excepted from the conveyance the 16 foot piece of property in question herein. Said 16Z foot of land has been and continues to be dedicated as a road for the use by the public"; (3) the Escalantes did not specifically claim that they were the fee simple owners of the 16-½-foot-wide road that was the subject of the suit; (4) the disputed land was carved out of the estate conveyed by deed to the Escalantes; (5) the Escalantes could not establish an unbroken chain of title; (6) the Escalantes judicially admitted to the uninterrupted use of the property by other landowners; (7) it was established as a matter of law that the Escalantes had no right, title, or interest that permitted the Escalantes to prohibit the Vegas, or anyone else, from using the established and dedicated road; and (8) the road had been maintained by Cameron County since April 1980. Further, the Vegas sought judgment for reasonable and necessary attorney fees in the amount of $5,500. In their prayer, the Vegas asked the trial court: (1) to find that the property the Escalantes "wish to block off or barricade is now a public road and for which the Escalantes have [n]o title or right to interfere with its use"; (2) to declare that the 16-½-foot-wide road was a public road; and (3) to order reasonable attorney fees.

The Vegas' summary judgment evidence consisted of: (1) a letter from the Escalantes to appellee Bradley advising that it was necessary to stop all through traffic on the private road; (2) a hand-rendered drawing depicting the properties in question; (3) a copy of the petition, with attachment, by Los Fresnos CISD regarding abandonment of Missouri Street; (4) a warranty deed to Javier Escalante Sr. and Piedad C. Escalante; (5) the affidavit of Manuel Flores, with attachments; (6) a copy of a letter by a commissioner indicating Cameron County had taken responsibility for maintenance of an existing roadway through and over the Vegas' property; and (7) an affidavit for attorney fees in the amount of $5,500 for work performed.⁸

B. The Escalantes' Response to the Vegas' Motion for Summary Judgment

To the Vegas' motion for summary judgment, the Escalantes responded that the Vegas failed to establish either that the road was carved out of the estate conveyed to the Escalantes or that it was dedicated for public use. Attached as summary judgment evidence to the Escalantes' response was the affidavit of appellant Piedad C. Escalante, who stated that her husband and she had "established a narrow dirt road" for the "purpose of using the tract for our business" and that "[o]ver the...