Grayson County Officials v. Dennard

ON APPELLANTS’ AND APPELLEES’ MOTIONS FOR REHEARING

On November 8,1978, the Supreme Court delivered its opinion in an original mandamus proceeding which involved the Grayson County tax rolls. In that opinion, the Supreme Court held that the agreed judgment which Judge Dee Brown Walker rendered on November 12, 1972, became final thirty days after its rendition; that his jurisdiction to hear tax controversies in Grayson County ended on that date; and that any orders issued by him after that date are void. Case v. Honorable Dee Brown Walker, Judge, 573 S.W.2d 513 (Tex.1978).

In appellants’ motion for rehearing, the Grayson County Officials assert for the first time that the State of Texas, Grayson County, Pottsboro Independent School District, Tioga Independent School District, Choctaw Watershed District, and Grayson County Junior College are indispensible parties. This point was not raised in the trial court, nor was it raised in the original briefs in this court. We hold that those parties were not indispensible parties under Rule 39, T.R.C.P. Their absence did not deprive the trial court of jurisdiction to adjudicate between the parties who participated in the proceedings. Cooper v. Texas Gulf Industries, Inc., 513 S.W.2d 200 (Tex.1974).

Both motions for rehearing are overruled.