Interstate 35W at FM 407, LP, et al. v. The State of Texas

No. 13-25-00082-CV · Court of Appeals of Texas, Thirteenth District, Corpus Christi–Edinburg · February 12, 2026 · No. 13-25-00082-CV

Summary

The Thirteenth Court of Appeals of Texas affirmed the dismissal of Interstate 35W at FM 407, LP’s objections to a condemnation award as untimely. The court held that Texas Property Code section 21.049 requires the clerk to send notice to the party’s address of record with the trial court, and it found no authority imposing on the State a duty to update that address. Because the objections were untimely, the trial court had a ministerial duty to enter judgment on the special commissioners’ award.

Holdings

  1. Section 21.049 requires the clerk to send notice of the special commissioners' decision to the party's address of record with the trial court; it does not require notice to the party's current registered-agent address or to an address maintained by the State.
  2. Section 21.049 does not impose on the condemnor a duty to update a party's address in the trial court.
  3. Because Interstate's objections were untimely, the trial court lacked jurisdiction to consider the merits and had a ministerial duty to enter judgment in accordance with the special commissioners' award.
  4. The court of appeals had jurisdiction because the trial court's dismissal order disposed of all claims and parties and was a final, appealable judgment; the timely motion for reconsideration and granted extension also supported appellate jurisdiction.

Questions Presented

  1. Whether Texas Property Code section 21.049 requires the condemnation clerk to send notice of the special commissioners' award to the condemnee's current registered-agent address or other address maintained by the State, rather than the address on file with the trial court.
  2. Whether the condemnor, rather than the trial court clerk or the condemnee, had a duty to update the trial court's address information.
  3. Whether the alleged notice defects tolled the deadline for filing objections to the special commissioners' award.
  4. Whether the court of appeals had appellate jurisdiction over the dismissal order.

Disposition

affirmed

Cases Cited (13)

  • Pappas Rests., Inc. v. State, No. 01-15-00001-CV, 2016 WL 3900720, at *2-*3 (Tex. App.—Houston [1st Dist.] July 14, 2016, no pet.) (mem. op.)(followed)
  • City of Tyler v. Beck, 196 S.W.3d 784, 786 (Tex. 2006)(followed)
  • John v. State, 826 S.W.2d 138, 139-140 (Tex. 1992)(followed)
  • Denton City v. Brammer, 361 S.W.2d 198, 200 (Tex. Civ. App. 1962)(followed)
  • Tex. Dep’t of Transp. v. A.P.I. Pipe & Supply, LLC, 397 S.W.3d 162, 167-168 (Tex. 2013)(followed)
  • Pearson v. State, 315 S.W.2d 935, 938 (Tex. 1958)(followed)
  • Musquiz v. Harris Cty. Flood Control Dist., 31 S.W.3d 664, 666-667 (Tex. App.—Houston [1st Dist.] 2000, no pet.)(followed)
  • Groves v. Wind Energy Transmission Tex., LLC, No. 11-12-00107-CV, 2012 WL 3537811, at *1 (Tex. App.—Eastland Aug. 16, 2012, no pet.) (mem. op.)(followed)
  • Armendaiz v. Ray, 215 S.W.2d 210, 212 (Tex. App.—San Antonio 1948, no writ)(followed)
  • Hosey v. County of Victoria, 832 S.W.2d 701, 703 (Tex. App.—Corpus Christi 1992, no writ)(followed)

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