Martin v. Credit Protection Ass'n, Inc., 05-91-00137-CV

• Decision Date: 15 January 1992
• Docket Number: No. 05-91-00137-CV,05-91-00137-CV
• Parties: Bruce R. MARTIN, Appellant, v. CREDIT PROTECTION ASSOCIATION, INC., Appellee.
• Court: Texas Court of Appeals

Page 254

824 S.W.2d 254

Bruce R. MARTIN, Appellant, v. CREDIT PROTECTION ASSOCIATION, INC., Appellee.

No. 05-91-00137-CV

Court of Appeals of Texas,

Dallas.

Jan. 15, 1992.

James L. Hicks, Jr., Dallas, for appellant.

Robert A. Miller, Edwin Tobolowsky, Dallas, for appellee.

Before ROWE, ¹ THOMAS and MALONEY, JJ.

OPINION

THOMAS, Justice.

The issue in this case is whether a district court can grant relief additional to that provided in a mandate from the Texas Supreme Court. Following a successful appeal to the supreme court and that court's issuance of a mandate, Bruce R. Martin sought his attorney's fees and business expenses in district court. The district court denied the requested relief. In two points of error, Martin asserts that the district court erred. We hold that the district court correctly refused to grant additional relief not contained in the supreme court's mandate. We overrule the points of error and, accordingly, affirm the trial court's judgment.

BACKGROUND

In 1985, Credit Protection Association, Inc. (CPA) sued Martin to enforce an employment covenant not to compete. The contract containing the restrictive covenant also provided for attorney's fees to the prevailing party in any litigation over the contract. Martin filed a counterclaim for unreimbursed business expenses incurred while employed by CPA. In 1986, the district court entered an interlocutory judgment that enforced the covenant not to compete, enjoined Martin for three years, and awarded CPA reasonable attorney's fees. A month later, at a hearing to determine the amount of attorney's fees, the court heard only evidence of CPA's attorney's fees. The court then signed a final judgment that awarded CPA $43,000 in attorney's fees, less an offset of $2,032.75.

This Court affirmed the judgment. 757 S.W.2d 24 (Tex.App.--Dallas 1988). The Texas Supreme Court reversed this Court's judgment, dissolved the injunction, held the restrictive covenant void in all respects, and rendered judgment that CPA take nothing. 793 S.W.2d 667, 668 (Tex.1990) (op. on reh'g). The supreme court's mandate stated:

1. [B]ecause an individual has the right to engage in a "common calling" occupation, the judgment of the Court of Appeals is reversed. ²

2. Judgment is rendered that the injunction is dissolved and the restrictive covenant is void in all respects.

3. Credit Protection Association, Inc. shall pay the costs in this Court, the Court of Appeals and the trial court.

4. Bruce R. Martin shall recover his costs in those courts from Credit Protection Association, Inc.

The mandate commands the district court "to observe the order of our said Supreme Court in this behalf, and in all things to have recognized, obeyed, and executed."

GRANTING ADDITIONAL RELIEF FOLLOWING AN APPELLATE COURT'S MANDATE

In two points of error, Martin contends that the district court erred in denying his motions (1) for attorney's fees and (2) for recovery on his counterclaim. The thrust of Martin's argument is that he should receive the ancillary relief because it neither interferes with nor contradicts the mandate. He complains that, without his requested relief, he will have obtained a Pyrrhic victory from the supreme court.

We disagree that the district court should now afford Martin relief not granted in the supreme court's mandate. When an appellate court renders a judgment, the district court has no jurisdiction to review or to interpret it. "It must observe and carry out the mandate of the appellate court. Its orders carrying out the mandate are ministerial." Myers v. Myers, 515 S.W.2d 334, 335 (Tex.Civ.App.--Houston [1st Dist.] 1974, writ dism'd w.o.j.) (citing Conley v. Anderson, 164 S.W. 985 (Tex.1913)); see also Schliemann v. Garcia, 685 S.W.2d 690, 692 (Tex.App.--San Antonio 1984, no writ). The district court must observe the judgment as it was framed by the appellate court. Conley, 164 S.W. at 986. In Conley, the appellants had obtained a judgment from the Texas Supreme Court allowing them to make improvements to the Alamo. The appellees in district court then sought to have the appellants make reports of the sums spent. The supreme court ordered a writ of prohibition against the district judge stating that the interpretation of the judgment belongs exclusively to the supreme court and that the court would tolerate no interference with it. Conley, 164 S.W. at 986.

Martin argues that his requested relief does not violate these principles because it does not interfere with the mandate. Rather, he says, the relief is consistent with the mandate. To support his position, Martin cites several cases in which appellate courts reversed and remanded with specific instructions. Even in cases involving remand with specific instructions, the district court is limited to complying with the instructions and cannot relitigate issues controverted at the former trial. Seydler v. Keuper, 133 S.W.2d 189, 190 (Tex.Civ.App.--Austin 1939, writ ref'd). The district court's authority is limited to trying only those issues specified in the mandate. V-F Petroleum v. A.K. Guthrie Operating Co., 792 S.W.2d 508, 510 (Tex.App.--Austin 1990, no writ); Texacally Joint Venture v. King, 719 S.W.2d 652, 653 (Tex.App.--Austin 1986, writ ref'd n.r.e.). For example, where an appellate court reversed and remanded a case for entry of a judgment nunc pro tunc, and a party then filed a motion for remittitur with the trial court, the trial court correctly denied the motion. The trial court had jurisdiction only to enter the nunc pro tunc judgment. "It did not have the jurisdiction to change the judgment in any other manner." Wingfield v. Bryant, 614 S.W.2d 643, 645 (Tex.Civ.App.--Austin 1981, writ ref'd n.r.e.); see also Los Campeones, Inc. v. Valley Int'l, 591 S.W.2d 312, 313-14 (Tex.Civ.App.--Corpus Christi 1979, no writ) (a trial court's hearing and order after issuance of an appellate court's mandate exceeded the mandate's scope and involved more than ministerial duty of enforcing the judgment); Brock v. Briggs, 223 S.W.2d 645, 647 (Tex.Civ.App.--San Antonio 1949, no writ) (where an appellate court reversed and remanded with instructions for rendition of judgment, and motions were filed to set aside the judgment, the trial court was required to carry out the appellate court's direction).

Martin relies on Texacally for the proposition that "[a]s a practical matter, the trial judge must be allowed some reasonable exercise of discretion in fulfilling the terms of the mandate." 719 S.W.2d at 653. In Texacally, the mandate instructed the trial court to enter judgment ordering specific performance of a contract. 719 S.W.2d at 653. The court did so, allowing one week for the parties to comply, and the appellate court held that allowing a week to comply was not an abuse of discretion. Texacally, 719 S.W.2d at 653-54. We decline to extend the discretion discussed in Texacally to encompass the requested relief here. In Texacally, discretion as to a deadline was necessary for the trial court to fulfill...