T. Christian Cooper v. Sanders H. Campbell/Richard T. Mullen, Inc. d/b/a The Mullen Company

Summary

The Texas Court of Appeals for the Fifth District at Dallas held that the trial court's judgment on equitable forfeiture was void because the successor judge rendered factual findings based on evidence the judge had not personally heard. The court concluded that it lacked jurisdiction to reach the merits, set aside the judgment, remanded the cause for further proceedings, and dismissed the appeal. The decision also discusses the factors governing equitable forfeiture and the requirement for an evidentiary proceeding or agreed statement of facts on remand.

Holdings

1. A judge may not render judgment following a bench trial or a remanded bench-trial issue when the judgment requires factual findings based on evidence the judge did not personally hear, absent an agreed statement of facts or another authorized procedure.
2. A void judgment cannot support an appeal on the merits; the court of appeals has jurisdiction only to determine the validity of the challenged judgment and to make an appropriate disposition.

Questions Presented

1. Whether the successor trial judge had authority to make factual determinations and render judgment on the remanded equitable-forfeiture issue without personally hearing the evidence.
2. Whether the court of appeals had jurisdiction to review the merits of an appeal from that judgment.

Disposition

reversed_and_remanded