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Michael Scott v. Wichita County and Whichita County Distric Attorney Barry MacHa

Citation: Not availableDocket: 01-06-00527-CV

Court: Court of Appeals of Texas; October 18, 2007; Texas; State Appellate Court

Narrative Opinion Summary

The case involves an appeal by an inmate, Michael Scott, against the dismissal of his lawsuit against Wichita County and the District Attorney, Barry Macha, based on improper venue. Scott contended that the county failed to file his criminal complaints, thereby violating his access to the courts. The trial court dismissed the case with prejudice, citing res judicata and frivolity under Texas Civil Practice and Remedies Code § 14.003, without specifying the reasons for its decision. Scott argued that the dismissal was void due to improper venue, asserting that jurisdiction was mandatory in Wichita County. However, the court found that improper venue does not constitute a jurisdictional defect, and since Wichita County did not contest the venue through a motion to transfer, it effectively waived its right to challenge the venue. As a result, the Fort Bend County trial court's jurisdiction and its dismissal order were upheld. Scott’s reliance on precedent regarding void judgments due to jurisdictional issues was dismissed as inapplicable. The appellate court affirmed the trial court's decision, thereby overruling Scott's appeal.

Legal Issues Addressed

Application of Case Law on Jurisdiction

Application: The appellant's reliance on case law addressing void judgments due to lack of jurisdiction was rejected, as the court affirmed the trial court had jurisdiction in this case.

Reasoning: Scott's reliance on the case Browning v. Placke, which addresses void judgments due to lack of jurisdiction, is deemed misplaced as the trial court had jurisdiction in this case.

Dismissal of Case Under Texas Civil Practice and Remedies Code

Application: The trial court dismissed the inmate's case under Texas Civil Practice and Remedies Code § 14.003, citing res judicata and frivolity.

Reasoning: Wichita County moved to dismiss the case, citing res judicata and frivolity under Texas Civil Practice and Remedies Code § 14.003.

Improper Venue and Jurisdiction

Application: The court held that improper venue does not create a jurisdictional defect, thus not rendering the trial court's actions void.

Reasoning: The court disagrees, explaining that improper venue does not create a jurisdictional defect that would render the trial court's actions void.

Jurisdiction of the Trial Court

Application: The court confirmed that the trial court in Fort Bend County had jurisdiction, validating its dismissal order.

Reasoning: Consequently, the trial court in Fort Bend County had jurisdiction, and its dismissal order is valid.

Waiver of Venue Challenge

Application: The court found that since Wichita County did not file a motion to transfer venue, it waived its right to challenge the venue selection.

Reasoning: Since Wichita County did not file a motion to transfer venue, it waived its right to challenge the venue selection.