Winans v. Berry

Citations

• 2024 Tex. Bus. 5

Syllabus

In this case, Plaintiff attempted to remove a 2022 suit to the Texas Business Court, and Defendant challenged the court's authority to hear this case. Construing the plain language of H.B. 19, the Court concluded it lacked jurisdiction over the case because Chapter 25A of the Texas Government Code and its removal procedure applies to cases commenced on or after September 1, 2024 This opinion concludes the court lacks subject-matter jurisdiction to hear a case commenced before September 1, 2024. This 2018 suit was removed to the Business Court from district court under Chapter 25A of the Texas Government Code. Though all parties consented to the removal, the court examined its jurisdiction and concluded the legislation creating the Business Court of Texas does not grant the court jurisdiction, requiring remand. After construing H.B. 19—the legislation implementing Chapter 25A— the Court concludes that removal is not permitted for cases filed before September 1, 2024. The Court also concludes that sanctions are not warranted. Granting a motion to remand the case back to district court, when the case was originally filed in district court before September 1, 2024, and then removed to Business Court Granting a motion to remand the case back to district court, when the case was originally filed in district court before September 1, 2024, and then removed to Business Court.