Jose Luis Garza D/b/a Tropicana Night Club, Petitioner v. Texas Alcoholic Beverage Commission, Respondent

Summary

The Texas Supreme Court held that Texas Alcoholic Beverage Code §11.67(b)(2) requires a district court to render judgment within ten days of filing an appeal, that any judgment signed after that period is void, and that when the court fails to render judgment the decision is deemed rendered by operation of law, allowing the party to appeal to the court of appeals. The Court affirmed the Court of Appeals' dismissal for lack of jurisdiction and rejected the petitioner's due‑process and constitutional challenges. Justice BAKER dissented, arguing that the administrative decision should itself become the signed final judgment for appeal and that the case should be remanded.