# TheAttorney GeneralofTexas Ikty 14. 1985 JIM MATTOX Attorney General

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200Main Plaza,Suits4OQ SanAntonio,TX. 782052797 512/225-4191 Honorable HenryWaLe Criminal District Attorney Dallas County Servj.c.es Building Condemnation Sectic,m, Dallas, Texas. 751,Cs2
Dear Mr. Wade: Opinion No. m-318
He: Disposition of appeals from fromjustice of the peace courts under article 1970-31.2. V.T.C.S.

You inform us that a problem is presented In the construction of section 2, of article 1970-31.2, V.T.C.S.. as to vhat procedure the county clerk is to employ in filing cases appealed from thejustice of the peace courts to the several county courts at law. Youalso inform us that the Dallar, County Clerk is presently filing these appealed cases "as they come!in" rather than "in rotation." ask: In that regard you

[Wlhethex section 2 of article 1970-31.2, V.T.C.S.,, requires the county clerks to set vp a special procedure to process and file 'appealed cases' 4IEia separate category of cases (like eminent domain proceedings), or vhether the county clerk nu;y treat 'appealed cases' in the same mannerall the case filed under section 31

We conclude that article 1970-31.2, section 2. V.T.C.S.. does not require the Dallas County Clerk to establish a separate procedure. We believe that the countv clerk Is required to treat these appealed cases in the samewinner as other section 3, V.T.C.S. caaea filed under article 1976-31.2.

Article 1970-:Il..2. section 2provides in part:

Sec. il. All civil cases appealed from the several jwtlce courts of Dallas County shall be filed by the county clerk in the several count1 courts o? Dallas County at law consecutively as the appe,;Led cases are received by the clerk from the se&al justices of the peace in the county. , . . (Emphasis added). It is our dc,ty in construing statutes to give effect to the legislative intent and purpose. Patterson v. City of Dallas, 355

p. 1454Ronorable RenryWade- Pnge 2 (JX-318)

S.W.Zd 838 (Tex. Civ. APP. - Dallas 1962, writ ref ’d n.r.e.); 53Tex. Jur. 2dStatutes 5125 (1964). In addition, we are only at liberty to turn to other aids of constmction whenthe true intent of the statute maynot be ascertained on its face. See Trinity Independent School District v. Walker County, 287 S.W.Zd 7y(Tex. Civ. App. - Galveston 1956, no writ). It is clear that article 1970-31.2, section 2. V.T.C.S., is mandatory bec6llse it presents circumstances by which a public officer shall perfo,no his statutory duty. See State v. Pox. 133S.W.2d 987 (Tex. Clv. App. - Austin 1939, writ ref ’d); Sutherland, Statutory Construction, V.;:P., 157.14 (4th ed. 1984). Therefore, the county clerk Is required to file the appealed cases in the manner declared in article 1970-3L.2, section 2. V.T.C.S. The ambiguity in the statute arises when riection 2 is compared with’ section 3 of article 1970-31.2, V.T.C.S.
Section 2, as quoted above, uses the term "consecutively" to describe the methodbywhlt,h,the county clerk is to file the appealed cases in the several county courts at law. V.T.C.S. art. 1970-31.2. 12. In contrast, section 3. which contains a provision relating to the filing of cases lo general, provides that "each case so filed shall be filed in rotation in each of the county courts of Dallas County at law.

. . .I’ V.‘I’.C.S. art. 1970-31.2, 13. Thus, when the legislature used the term “consecutively” in section 2. and the term "in rotation" in section 3. it arguably intended to prescribe two methods by which the county clerk is to file cases in county court. We believe, however, that the dominant intent and.purpose of the legislature in enacting article 1970-31.2 was to ensure (whell court number 5was created) that: each of the five county courts at law be assigned anequal numberof cases filed with the county clerk.
Section 3also provida!s for the transfer of “any” case pending in the docket of the five count:y courts at law. V.T.C.S. art. 1970-31.2. 13. Those cases appealed from the justices of the peace may be included in this transfer along with all cases properly within the jurisdiction of the courts; and pending on the docket at the time of the transfer. See generaIll, Attorney General Opinion JM-237 (1984) (discussion of the jurisdiction of the courts at law in Dallas county). The legislature '~8smadean exception in the case where the judge of any one of the: county courts has granted a writ of certiorari. See V.T.C.S. art. 1970-31.2, $§2, 3. To conclude that the legislaturedid not intend to provide for the equalization of the dockets would render thie portion of section 3 useless. Thus, we construe the filing requi~rement in section 2 to provide for the equalization in the dockeMng of appealed cases filed in the several county Courts at law from thejustices of the peace. As indicated above, the use of the word "consecutively" in section 2 and the phrase "in rotation" in section 3 describe the mannerby which cases are co be filed in the county court. Whenthe legislative purpose is ascertained. the significance of words used may

p. 1455Honorable llenry Wade - Pogf: 3 (Jn-318)

be restricted or enlarged in order to effectuate the 1egisLative purpose andmeaning. See West Texas Utilities Co. v. City of Mason, -- 229 S.W.2d 404 (Tex. Civ. Pgp. - Austin). aff ’d, 237 S.W.2d 273 (Tex. 1951). Theword “consecutively” was firstused by the leaislature in 1963 to describe the manuerin.which cases appealed from the justice’s courts to the county courl:s at law in Dallas county should be filed. See V.T.C.S. art. i7T.c.s.. 197o-:I:L.1’ 12. Article 1970-31.1, section 2,

provided in part: [A]11 civil cases appealed froo the several Justice Courts 80:fDallas County shall be by the County Clerk filed in the several County Courts of Dallas County at Law coosecutivelo as said appealed cases are received.

. . . (Emphasis added). This language impliedly repealed the language used by the legislature in article 1970-16. Article 1970-16. V.T.C.S., was enacted in 1917 and used the term “alterna~tively” rather than “consecutively” because only two county courts at law existed at that time in Dallas County. Accordingly, webelieve ttat whenthe legislature created court number 5, the term “consecutively” wasused because it was amore appropriate term than ‘alternatively” whendescribing howcases are to be filed in five courts rather than tvo courts.

“Consecutively” is i.efined by Black’s LawDictiocary (5th ed. 1979) a$ “Successive, succeeding one another in regular order.” The tern “rotate” is defined FnWebster’s dictionary as “to perform an act. function, or operatj,cn in turn [or] to pass or clternate in a series.” Webster’s h’intt, NewColle8iate Dictionary (9th ed. 19813. Ifwe construe the languz;;e of section 2 as you suggest, the county clerk would be permitted to reasonably file cases in a particular county court at law so long as each case received was filed one after the other in any one of the courts. Webelieve that this construction is not inconsistent with the legisl.ative intent to maintain equal dockets in all courts. Section 2should be read together with section 3in order to give effect to the legislative intact. Secticn 3further provides:

sec. 3. The County Court of Dallas County at LawNo. 5 shal:. be knownas the ‘E’ Court. The county clerk shall numberconsecutively all casts filed in the county courts of Dallas County at law affixing immediately tollowicc the number of all cases the letter A, B. C. D. cr E, according to which county court of Dallas Count: at law the case is assigned. and each case SCfiled shall be filed in rot,-.ci~ in each of the count: courts of Dallas County -

:,t law wlch the letter designation --

p. 1456Honorable Henry Wedc - Pagal 4 (X+318)

being used to denote the court in which the CJSC is filad.

. . . I:Emphasisadded).
V.T.C.S. art, 1970-31.2, I:)* This provision require8 the county clerk to perform twomandatory duties, First, the county clerk is to number

“all” cases filed. and tL: provision also requires the clerk to file those numbered cases “in rotation.” Section 3, does not exclude from these two requirements cases filed with the county clerk which have been appealed from the justices of the peace. Accordingly, we conclude that the requiremmt of section 2is limited by section 3and that the county clerk is mquired to file all the cases appealed from the justices of the peace consecutively, along with the other cases filed, and to assign each case to the several,county courts at law in rotation. along with the ,,ther cases filed. The only cases excepted from this filing requirement are eminent domain cases. See Property Code 521.013(d) (clerk is to assign anequal numberof emxnt domain cases “in rotation”).

SUMMARY

Article 1970-:31.2. section 2, V.T.C.S.. does not require the Dallas County Clerk to establish a separate procedt.re to file appealed cases from the justices of tte peace court. The county clerk is required to trer.t these appealed cases in the same manner as other cases filed under article 197.0-31.2, sectj.on 3, Y.T.C.S.
Very truly you I ,

b u-1JIM MATTOX Attorney General of Texas
TOM GREEN First Assistant Attorney General
DAVIDR. RICURDS Executive Assistant Attorxy General
RO6ERT

GRAY Special Assistant htcorney General RICKGILPIN Chaimnn, Opinion Comicce? Prepared by TonyGuillory Assistant Attorney General

p. 1457Hmorable Hcnr; Wade- Page 5 (X3-318)

APPROVED: OPINIOACOMNITTEE Rick Gilpin. Chairman Jon Bible Colin Cerl SusanGarrison 'Ion)-Guillory JimHoellinger Jennifer Riggs NancySutton

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