The Texas Supreme Court has answered the question of whether filing with a court clerk counts as filing “with the court.” In a per curiam opinion, SCOTX said that it does.
In REME, L.L.C., A Texas Limited Liability Companty v. The State of Texas (No. 23-0707; February 21, 2025), the State began condemnation proceedings in 2020 to acquire REME’s property in Montgomery County. Special commissioners assessed damages, and the state filed the findings with the trial court clerk on Friday, April 16, 2021. The judge then signed the award on the following Monday. According to § 21.018, Property Code, objections must be made by the “Monday following the 20th day” after the filingof the commissioners’ award. The State filed an objection to the award on May 14, within the time limit if based on the judge’s signing of the award but outside of it if calculated from the date of filing with the court clerk. The trial court found the objection untimely and adopted the award. The State appealed, and the Beaumont Court of Appeals reversed. REME sought review.
SCOTX reversed. The Court pointed to many examples, including TRCP 21 and 74, providing that filing with the clerk is the same thing as filing with the court. The Court rejected the State’s argument that § 21.018(a) was a nonsubstantive recodification of law. Its predecessor version started the 20-day clock ticking after filing with the county judge rather than the court. SCOTX viewed this change as substantive and intentional, and that “court” includes “court clerk.” SCOTX further rejected the State’s interpretation of § 21.049 to require the court to inform the clerk of the day the commissioner’s award is filed. Nothing in that section, however, “preclude[d] the State from exercising its option to file the award directly with the clerk in the first instance. Having done so, the time for objection runs from the time of the State’s filing.”
TCJL Research Intern Geneva Cline researched and substantially drafted this article.
