Appeal from the County Civil Court at Law No. 1 Harris
County, Texas Trial Court Cause No. 843737
consists of Justices Christopher, Hassan, and Poissant.
National Bank ("Frost") appeals the trial
court's refusal to revive the judgment Frost obtained
against Jeanie White in 2006. Because the trial court lacked
the discretion to deny Frost's timely request, we reverse
the trial court's ruling and render the requested order
reviving the judgment.
a writ of execution is not issued within 10 years after the
rendition of a judgment of a court of record or a justice
court, the judgment is dormant and execution may not be
issued on the judgment unless it is revived." Tex. Civ.
Prac. & Rem. Code Ann. § 34.001(a). "A dormant
judgment may be revived by scire facias or by an action of
debt brought not later than the second anniversary of the
date that the judgment becomes dormant." Id.
§ 31.006. An action for debt is an independent suit
resulting in a new judgment, but a scire facias proceeding is
a continuation of the suit in which the original judgment was
rendered. See Berly v. Sias, 152 Tex. 176, 181, 255
S.W.2d 505, 508 (1953). Frost sought to revive the judgment
by scire facias.
facias hearing is non-evidentiary, requiring no findings of
fact or conclusions of law. See Cadle Co. v.
Rollins, No. 01-09-00165-CV, 2010 WL 670561, at *2 (Tex.
App.-Houston [1st Dist.] Feb. 25, 2010, no pet.) (mem. op.).
In determining whether to revive a dormant judgment, the
trial court considers the date of the judgment, the date of
the motion, and any evidence that the time to bring the scire
facias proceeding was extended by the issuance of a writ of
execution. See id.; Trad v. Colonial Coins,
Inc., No. 14-02-00172-CV, 2003 WL 124680, at *2 (Tex.
App.-Houston [14th Dist.] Jan. 16, 2003, no pet.) (mem. op.).
The trial court has no discretion to refuse a timely filed
motion to revive an outstanding judgment scire facias.
See Cadle Co., 2010 WL 670561, at *2.
record establishes that Harris County Civil Court at Law No.
1 signed a final judgment on January 31, 2006, holding Jeanie
White and Martin White jointly and severally liable to Frost in
the principal amount of $17, 865.21, together with
attorney's fees and pre- and post-judgment interest. If
no writ of execution was issued, the judgment became dormant
on January 31, 2016. To revive the judgment, Frost had to
file a motion in the same case by January 31, 2018, to revive
the judgment scire facias. See Tex. Civ. Prac. &
Rem. Code Ann. 31.006.
filed its "Plaintiff's Application for Writ of Scire
Facias to Revive Judgment" on May 23, 2017, in the same
court and in the same cause number in which the judgment to
be revived was rendered. The trial court ordered citation
scire facias issued to Martin but not to Jeanie. Martin
failed to respond, and the trial court granted Frost's
motion reviving the judgment against him.
January 26, 2018, Frost filed an application for writ of
scire facias to revive the judgment specifically against
Jeanie. This time, the trial court ordered the clerk of the
court to issue citation scire facias to her. Jeanie was
personally served, but she, too, failed to respond. The trial
court nevertheless denied Frost's motion for an order
reviving the judgment. Although the ruling was not reduced to
a signed order, Frost moved for reconsideration, and in the
order denying reconsideration, the trial court recited that
it had denied Frost's application to revive the judgment.
record shows that Frost satisfied the statutory prerequisites
to revival. It filed both its first and its second
applications to revive the judgment scire facias less than
two years before the judgment became dormant. Jeanie White
did not respond, and thus, did not attempt to show that the
judgment had been paid, discharged, or was otherwise no
longer owed. The trial court therefore had no discretion to
refuse to revive the judgment. See Cadle Co., 2010
WL 670561, at *2.
accordingly reverse the trial court's ruling and render
judgment that the final judgment against Jeanie White, which
was signed January 31, 2006, in Cause No. 843737 in the
County Civil Court at Law No. 1 of Harris County, Texas, is
REVIVED effective January 31, 2016.
 Because the two judgment debtors share
the same surname, we will refer to them by their respective