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Harris County v. Nash5/18/2000
1999, appellant filed a plea to the jurisdiction asserting that the trial court no longer had jurisdiction on February 20, when it ruled on the motion for new trial. Appellant contended that the order signed on November 5, 1999 was a final judgment and that the trial court's plenary jurisdiction expired 105 days later, on February 18, 1999. See TEX. R. CIV. P. 329b(e). Appellant reasoned that 1) the judgment rendered in favor of the countyofficials intheir individualand officialcapacities represented a judgment in favor of Harris County and all the individuals sued in Nash's suit, and 2) the Mother Hubbard clause in the order ensured entry of final judgment by expressly denying all claims for relief not granted in the order. The trial court denied appellant's plea to the jurisdiction.
On July 19, 1999, respondent filed a Motion to Enter Interlocutory Judgment. Respondent contended that 1) the order signed on November 5, 1998 was only an order and did not constitute a judgment, and 2) the order should be clarified or vacated, and a new order entered to better reflect the trial court's prior rulings. On July 29, 1999 the trial court, presided over by a new judge, granted respondent's Motion to Enter Interlocutory Judgment. In accordance with the motion, the trial court granted an Interlocutory Judgment as to defendants Sheriff Tommy Thomas, Chief Deputy D.V. McKaskle, Deputy Russell Baker, and Henry Oncken in their individual and official capacities.
DISCUSSION
Appellant proffers two arguments in support of its contention that the trial court lost its plenary jurisdiction. First, Harris County claims that the granting of relief to individuals in their official capacity is equivalent to a grant of relief for the governmental entity. Second, Harris County asserts that the inclusion of the Mother Hubbard clause in the summary judgment rendered the summary judgment a final judgment as to all claims and all parties. For purposes of this appeal, we need only address appellant's second argument.
Appellant argues that Mafrige v. Ross, 866 S.W.2d 590 (Tex. 1996), and Inglish v. Union State Bank, 945 S.W.2d 810 (Tex. 1997), compel the conclusion that the November 5 order was final because of its Mother Hubbard language and appealable as to all parties and issues. Consequently, the trial court lost jurisdiction in this cause following the expiration of the trial court's plenary power. Respondent, on the other hand, argues that the November 5 judgment disposed only of the claims against the individualdefendants and preserved the claims against the governmental entities. Citing the trial court's July 29, 1999 order as proof the trial court did not intend to issue a final judgment as to all parties in this lawsuit, respondent argues that applying Mafrige and Inglish to the case at hand elevates form over substance and would work an injustice.
As Mafrige and Inglish make clear, the intent
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