Byzantium and Hidalgo County

The Emperor Justinian (right) ruled the Byzantine Empire, a society often criticized for its complex legal system. Justinian would likely feel at home with the Texas system of trial courts, which distinguishes among courts created by the state constitution and “statutory” courts created by the Legislature.

In Ditech Servicing, LLC v.  Perez, No. 21-1109 (May 19, 2023), the Texas Supreme Court reviewed that system to conclude that a county-specific statute controlled over a general, statewide limitation on statutory-court jurisdiction, letting a Hidalgo County court at law hear a counterclaim allowing a foreclosure.

The comprehensive review of the statutes, and the relevant canons for their interpretation, is a useful general reference. It remains to be seen if the new business-court system will create other such conflicts.