Ragsdale v. Progressive Voters League

• Decision Date: 10 May 1990
• Docket Number: No. 05-88-01508-CV,05-88-01508-CV
• Citation: 790 S.W.2d 77
• Parties: Paul RAGSDALE, Appellant, v. PROGRESSIVE VOTERS LEAGUE, Appellee.
• Court: Texas Court of Appeals

Page 77

790 S.W.2d 77

Paul RAGSDALE, Appellant, v. PROGRESSIVE VOTERS LEAGUE, Appellee.

No. 05-88-01508-CV.

Court of Appeals of Texas Dallas.

May 10, 1990.

Rehearing Denied June 14, 1990.

John E. Collins and Jerry L. Hughes, Dallas, for appellant.

Donald W. Hicks, Dallas, for appellee.

Before McCLUNG, THOMAS and WHITTINGTON, JJ.

OPINION

WHITTINGTON, Justice.

This is an appeal by Paul Ragsdale ¹ from a judgment in his favor against the Dallas County Democratic Progressive Voters League (PVL) for actual damages in the amount of $1 and attorneys' fees in the amount of $150, in a suit for alleged violations of sections 251.002(f)(2) and 251.002(g) of the Texas Election Code (Code). ² In five points of error, Ragsdale contends that the trial court erred in entering its judgment of September 22, 1986: (1) because as a matter of law the undisputed evidence showed that he was entitled to a judgment; (2) because as a matter of law the trial court did not have discretion to determine the amount of damages and attorneys' fees; (3) because as a matter of law he proved his damages; (4) because the finding of attorneys' fees in the amount of $150 is against the great weight and preponderance of the evidence; and (5) because the judgment does not award him attorneys' fees as required by the Texas Election Code and the uncontroverted evidence. For reasons stated below, we reverse the trial court's judgment and we render judgment in part and remand in part for further proceedings in accordance with this opinion.

FACTS

On April 30, 1986, Ragsdale filed suit against PVL and its officers alleging that PVL violated sections 251.002(f)(2) and 251.002(g) of the Code ³ by failing to file a designation of campaign treasurer thirty days prior to the election primary and by engaging unlawfully in various campaign activities prior to filing a designation of campaign treasurer. Ragsdale sought injunctive relief as well as damages and attorneys' fees under section 251.008(a) of the Code. The trial court granted a temporary restraining order on the day the suit was filed and set a date for the hearing regarding the request for injunctive relief.

On May 2, 1986, the trial court heard argument on Ragsdale's request for permanent injunction. Ragsdale testified that at the time the suit was filed, he was a State Representative for District 110 in Dallas County, Texas. He had held that office since January 1973, and was a candidate for reelection in the 1986 elections. His name appeared on the ballot in the Democratic Primary along with his opponents, Charles Rose and Fred Blair. Sometime prior to the 1986 Democratic Primary, Ragsdale observed that PVL was conducting political campaign activities and proceeded to investigate whether the organization had complied with the provisions of the Code. Upon discovering that PVL had not filed a designation of campaign treasurer with the Secretary of State, Ragsdale brought this action.

John Wiley Price, Jesse Jones, and James Whitlow were officers of PVL at the time of the suit and were called as witnesses at the hearing. They testified, in substance, that PVL was formed in 1936 as an educational purpose group. Historically, PVL has sponsored activities that promote awareness of issues that affect minorities in the Dallas metropolitan area. In the past, PVL has encouraged minority participation in the electoral process and endorsed candidates for local and state-wide offices. In the 1986 Democratic Primary, PVL endorsed a number of candidates for local and state-wide offices, including Ragsdale's opponent, Charles Rose. ⁴ During 1986, PVL accepted contributions and made expenditures to promote the campaigns of candidates endorsed by the organization. Slate cards, voters guides, and other political advertisements were printed and distributed to inform citizens of PVL's endorsements for the primary. Price further testified that PVL did not file a designation of campaign treasurer until May 2, 1986. ⁵

After hearing argument from both parties, the court concluded that PVL violated the terms of section 251.002(f)(2) and 251.002(g) of the Code. ⁶ PVL did not file its designation of campaign treasurer in a timely manner and conducted political activities prior to filing its designation. The court also concluded that "as a matter of law [Ragsdale] suffered an immediate and irreparable injury by virtue of the statutory violations for which there is no adequate remedy at law since there is no property rights [sic] to the political office," and "as a matter of law the evidence as to civil damages was insufficient thus further depriving [Ragsdale] of any remedy at law." See Ragsdale v. Progressive Voters League, 743 S.W.2d 338, 341 (Tex.App.--Dallas 1987). The court granted Ragsdale's motion for a permanent injunction for a period of thirty days from the date of PVL's filing of the campaign treasurer designation ⁷ and denied all other claims for relief. A final judgment was entered on October 3, 1986. ⁸

Ragsdale appealed the October 3, 1986 judgment, challenging the trial court's denial of recovery of monetary damages and attorneys' fees. He maintained that injunctive relief was the only issue before the court at the May 2, 1986 hearing; hence, the court's judgment denying damages and attorneys' fees was erroneous. Conversely, PVL maintained that the issues of damages and attorneys' fees were resolved against Ragsdale at the hearing because of insufficient evidence. ⁹

In its December 11, 1987 opinion, this Court reversed and remanded that portion of the October 3, 1986 trial court judgment denying Ragsdale's suit for recovery of damages and reasonable attorneys' fees. See Ragsdale, 743 S.W.2d at 345. Specifically, we held that:

Ragsdale was denied the opportunity to present his proof on the issues of damages and attorneys' fees, and the conclusion by the trial court that his proof on these issues is "insufficient as a matter of law" cannot be sustained. It was reversible error for the trial court to deny Ragsdale a recovery on the issue of damages and attorney's fees prior to a trial on these issues.

Ragsdale, 743 S.W.2d at 345. On remand, a nonjury trial was held. All parties were present and stipulated that all evidence presented at the previous hearings would be submitted on the issues of damages and attorneys' fees. Ragsdale also presented additional evidence on the issue of attorneys' fees.

On September 22, 1988, the trial court entered a second judgment in favor of Ragsdale. The judgment reads as follows:

After considering all the pleadings and documents of record and hearing testimony and argument of counsel, the Court finds that it has been vested with the discretion in awarding and determining the amount of such award of civil damages under the Texas Election Code. The Court further finds that the Plaintiff should be awarded civil damages in the nominal amount of One Dollar ($1.00) and that Defendant Progressive Voters League should pay that amount. The Court further finds that Plaintiff should not recover any amount as civil damages from the individual Defendants. The Court heard and considered counsel's testimony regarding Plaintiff's attorney fees and finds that Defendant Progressive Voters League should also be required to pay Plaintiff's attorney fees in the amount of One Hundred and Fifty Dollars ($150.00) and that no individual Defendant should pay Plaintiff's attorney fees.

In response to the trial court's foregoing judgment of September 22, 1988, Ragsdale again appealed the cause to this Court. PVL has filed no appeal.

ISSUES ON APPEAL

In its October 3, 1986 judgment, the trial court held that PVL violated sections 251.002(f)(2) and 251.002(g) of the Code and granted Ragsdale's motion for permanent injunction. PVL did not perfect an appeal from that part of the October 3, 1987 trial court judgment finding PVL in violation of the Code and granting the permanent injunction. PVL also did not perfect an appeal from this Court's December 11, 1987 judgment. In the cause presently before us, PVL did not file a brief or appear for oral argument. Therefore, our review is limited to Ragsdale's challenge to the trial court's judgment of September 22, 1988, regarding the awards of damages and attorneys' fees.

STATUTORY CONSTRUCTION OF SECTION 251.008

In his second point of error, ¹⁰ Ragsdale contends that the trial court erred in entering its judgment of September 22, 1988, because as a matter of law the trial court did not have discretion to determine the amount of damages and attorneys' fees. Ragsdale relies on the trial court's finding that PVL violated sections 251.002(f)(2) and 251.002(g) to support his claim of entitlement to recover damages and attorneys' fees under section 251.008(a).

Section 251.008(a) ¹¹ provided that:

Any person who knowingly makes or knowingly accepts an unlawful campaign contribution or who knowingly makes an unlawful expenditure in support of a candidate shall be civilly liable to each opposing candidate whose name appeared on the ballot in the election in which the unlawful contribution or expenditure was involved for double the amount or value of such unlawful campaign contribution or expenditure and reasonable attorneys' fees for collecting same.

(Emphasis added). Ragsdale's contentions raise an issue of statutory construction. We focus our attention in this case on the word "shall" as used in section 251.008(a). Our inquiry is whether the term "shall" should be construed as mandatory or directory with respect to the award of damages and attorneys' fees.

The object of statutory construction is to ascertain and enforce the legislative intent. Crimmins v. Lowry, 691 S.W.2d 582, 584 (Tex.1985); Calvert v. British-American Oil Producing Co., 397 S.W.2d 839, 842 (Tex.1966). Legislative intention must be ascertained from the language of the statute. Seay v. Hall, 677 S.W.2d 19, 25 (Tex.1984); Duval Corp. v. Sadler, 407 S.W.2d 493, 497 (Tex.1966). Si...