Jason Loban v. City of Grapevine and Lawrence Hopkins

Summary

The Texas Court of Appeals, Second District, held that a money judgment awarded to the City of Grapevine was void because the City had not pleaded for monetary relief and the issue was not tried by consent. The court vacated the portion of the trial court’s judgment awarding $10,670.20 and affirmed the remainder of the judgment. The court did not reach the appellant’s challenge to the sufficiency of the evidence supporting the monetary award.

Holdings

1. A judgment awarding monetary relief that is unsupported by the pleadings and was not tried by consent is void. Because the City did not plead for a money judgment and the issue was not tried by consent, the trial court's $10,670.20 money judgment was void.
2. Loban was not required to preserve his challenge in the trial court because a void judgment may be challenged at any time and the challenge cannot be waived.

Questions Presented

1. Whether the trial court could award the City $10,670.20 when the City did not plead for monetary relief and the issue was not tried by consent.
2. Whether the evidence supported the amount of the monetary award.

Disposition

other