TEXARKANA – An apeals court has reversed the trial court's dismissal of an employment discrimination case on the grounds of improper dismissal.
The original lawsuit was filed by plaintiff Kevin W. Matthews against his former employer, Nalco Champion LLC dba as ECOLAB, regarding employment discrimination and breach of an arbitration agreement. The trial court had dismissed Matthews's claims and awarded attorney fees to Nalco Champion LLC.
Matthews appealed the trial court's decision to the Court of Appeals for the Sixth Appellate District of Texas at Texarkana, arguing that the dismissal was improper and that the order for attorney fees was void. The Court of Appeals agreed with Matthews, finding that the trial court erred in granting the motion to dismiss under Rule 91a, as it was not timely filed within sixty days of the original petition being served. The court also determined that Nalco Champion LLC, the intended defendant, was effectively served, even though it was misnamed in the original petition. Therefore, the dismissal of Matthews's claims was not justified.
Furthermore, the Court of Appeals deemed the order awarding attorney fees void because it was signed after the trial court's plenary jurisdiction had expired. According to Texas procedural rules, the trial court's plenary power to make changes to the judgment ended thirty days after the judgment was signed, or thirty days after any timely-filed motions were overruled. As the order for attorney fees was signed after this period, it was considered invalid.
Consequently, the Court of Appeals reversed the trial court's judgment and declared the order for attorney fees void. The case was remanded for further proceedings consistent with the Court of Appeals' opinion.