Stephen Pruski v. Texas Windstorm Insurance Association

Summary

The Thirteenth Court of Appeals of Texas held that Texas Insurance Code § 2210.575(e) requires an action under the Texas Windstorm Insurance Association Act to be presided over by a judge appointed by the Judicial Panel on Multidistrict Litigation. Because no such appointment occurred, the trial judge lacked authority to render judgment, making the summary judgment void. The court reversed and remanded with instructions to vacate the judgment and conduct further proceedings.

Holdings

1. Section 2210.575(e)'s requirement that a TWIA Act action 'shall be presided over by a judge appointed by the [MDL Panel]' is mandatory and requires appointment of the presiding judge by the MDL Panel.
2. Pruski did not waive the statutory appointment requirement by failing to timely request that the MDL Panel appoint a judge because section 2210.575 does not require him to make such a request.
3. Because the presiding judge was not appointed by the MDL Panel as required by section 2210.575(e), the judge lacked authority to render judgment and the summary judgment was void.

Questions Presented

1. Whether Texas Insurance Code section 2210.575(e) requires every action brought under the TWIA Act to be presided over by a judge appointed by the Judicial Panel on Multidistrict Litigation.
2. Whether the statutory judge-appointment requirement is mandatory and restrictive of a trial court's authority, or instead is a waivable venue-type requirement.
3. Whether a judgment rendered by a trial judge who was not appointed under section 2210.575(e) is void.

Disposition

reversed_and_remanded