In the Matter of K.A., a Juvenile v. the State of Texas

Court of Appeals
Tenth Appellate District of Texas

10-25-00016-CV

In the Matter of K.A., a Juvenile

On appeal from the
474th District Court of McLennan County, Texas
Judge E. Alan Bennett, presiding
Trial Court Cause No. 2024-109-J

JUSTICE HARRIS delivered the opinion of the Court.

MEMORANDUM OPINION

Appellant K.A. challenges the trial court’s denial of K.A.’s Motion to

Dismiss the State's Petition for Discretionary Transfer to a Criminal District

Court on the basis that the petition was barred by res judicata. We find that

the statutory language of the Texas Family Code clearly allows for a second

petition for discretionary transfer and that K.A. cannot prove the elements of

res judicata. We affirm the trial court’s denial of K.A.’s motion to dismiss.

Background

The State alleges that K.A. committed the offense of aggravated sexual

assault of a child on his minor stepsister, an offense which, had it been
committed by an adult, would constitute a felony. In June 2023, the State

filed its first petition for discretionary transfer to a criminal district court in

McLennan County alleging that K.A. committed the offense as a juvenile

between the ages of fourteen and seventeen. K.A. is now an adult and was

over the age of eighteen when the State filed its first petition. The trial court

pronounced oral findings and then subsequently entered a waiver and

transfer order pursuant to TEX. FAM. CODE ANN. § 54.02. K.A. appealed the

waiver and transfer order, noting discrepancies between the trial court’s oral

findings and the written order. Namely, the written order stated that “it was

not practicable to proceed in juvenile court before K.A.’s eighteenth birthday

because K.A. could not be found;” however, the oral finding by the court was

that the State did not have probable cause before K.A.’s eighteenth birthday

because the outcry occurred after K.A.’s eighteenth birthday. The Fourteenth

Court of Appeals reversed the first waiver and transfer order.

In August 2024, the State filed a second petition for transfer. K.A. filed

a motion to dismiss on the basis of res judicata. The trial court denied the

motion and then entered a second waiver and transfer order. K.A. appeals

the court’s denial of his motion to dismiss.

In his appeal, K.A. raises the issue of whether the trial court erred in

not granting K.A.’s motion to dismiss the transfer petition on the basis that

In the Matter of K.A., a Juvenile Page 2
the petition was barred by res judicata. There is no dispute between the

parties that the appropriate standard of review is a de novo standard. 1

Elements of Res Judicata Not Met

The doctrine of res judicata, also known as claim preclusion, bars

lawsuits that arise out of the same subject matter as a prior suit when, with

the use of diligence, that subject matter could have been litigated in the prior

suit. Eagle Oil & Gas Co. v. TRO-X, L.P., 619 S.W.3d 699, 705 (Tex. 2021).

The party asserting the defense of res judicata has the burden of proving

each of the three elements of res judicata: (1) a prior final judgment on the

merits by a court of competent jurisdiction; (2) identity of parties or those in

privity with them; and (3) a second action based on the same claims that

were raised or could have been raised in the first action. Id. at 706.

In evaluating the first element, we determine that K.A. has not proved

that the first transfer order and reversal of that order constitutes a prior final

judgment on the merits by a court of competent jurisdiction. K.A. cites to

case law in which sister courts have stated that a transfer order is final. 2

Assuming, without deciding that principle could be true, a final appealable

1 Even if the Court reviewed the trial court’s denial of K.A.’s motion to dismiss under an abuse of

discretion standard, the result would not change.

2 K.A. cites to In re D.T., No. 01-24-00568-CV, 2025 WL 208492, at *11 (Tex. App.—Houston [1st

Dist.] Jan. 16, 2025, no pet.) and In re L., 625 S.W.2d 96, 96 (Tex. App.—Eastland 1981, writ ref’d
n.r.e.). We do not find that In re D.T. clearly addresses the issue of a transfer order qualifying as a
“final judgment”).

In the Matter of K.A., a Juvenile Page 3
order and a final judgment on the merits are distinct concepts in the context

of res judicata. While both a final appealable order and a final judgment on

the merits signify the end of a case in different respects, only the latter can

support the first element of res judicata by conclusively resolving the

substantive issues of the case. K.A.’s arguments seemingly conflate the two.

Neither of the cases relied on by K.A. establishes that finality of a transfer

order equates to a final judgment on the merits as required to prove res

judicata.

In the res judicata context, courts review specifically whether a

disposition of a case relates to the merits. It is the nature of the action and

the character of the judgment that determines whether it is res judicata.

Stubbs v. Patterson Dental Laboratories, 573 S.W.2d 274 (Tex. Civ. App.–

Eastland 1978, no writ). For res judicata to apply, there must be a final

judgment that settles the issues on their merits, so interlocutory judgments

or procedural rulings do not usually satisfy this requirement. See id; In re

Fuentes, 530 S.W.3d 244, 250 (Tex. App.—Houston [1st Dist.] 2017, no pet.);

Li v. Univ. of Tex. Health Sci. Ctr. at Houston, No. 01-00-01135-CV, 2002 WL

992400, at *3 (Tex. App.—Houston [1st Dist.] May 16, 2002, pet. denied);

Furniture Dynamics, Inc. v. Hurley's Estate, 560 S.W.2d 486, 488 (Tex.

App.—Dallas 1977, no writ).

In the Matter of K.A., a Juvenile Page 4
In the case before us, we find the first transfer order and the

overturning of the same to be procedural rather than an adjudication on the

merits. In Ex parte Reed, the court evaluated whether a dismissal with

prejudice is tantamount to an acquittal on the merits in the expunction

context—an issue like the appeal before this Court that is civil in nature but

quasi criminal. Ex parte Reed, 343 S.W.3d 306, 310 (Tex. App.—Houston

[14th Dist.] 2011, no pet.). The court found that it did not because Reed was

neither tried for the offense or acquitted by the trial court. Id. Similarly,

K.A. has been neither tried nor acquitted for the offense of aggravated sexual

assault of a minor with which he has been charged.

Rather, the trial court, through the transfer process, evaluated only

whether the State could meet elements or facts specifically enumerated by

TEX. FAM. CODE ANN. § 54.02 to qualify for a transfer to criminal district

court. The statute requires that the State show either of the following

elements:

(a) The juvenile court may waive its exclusive original
jurisdiction and transfer a child to the appropriate district court
or criminal district court for criminal proceedings if:
(1) the child is alleged to have violated a penal law of the
grade of felony;
(2) the child was:
(A) 14 years of age or older at the time he is alleged
to have committed the offense, if the offense is a capital
felony, an aggravated controlled substance felony, or a

In the Matter of K.A., a Juvenile Page 5
felony of the first degree, and no adjudication hearing
has been conducted concerning that offense; or
(B) 15 years of age or older at the time the child is
alleged to have committed the offense, if the offense is a
felony of the second or third degree or a state jail felony,
and no adjudication hearing has been conducted concerning
that offense; and
(3) after a full investigation and a hearing, the juvenile
court determines that there is probable cause to believe that
the child before the court committed the offense alleged
and that because of the seriousness of the offense alleged or the
background of the child the welfare of the community requires
criminal proceedings.

TEX. FAM. CODE ANN. § 54.02 (emphasis added);

or

(j) The juvenile court may waive its exclusive original
jurisdiction and transfer a person to the appropriate district court
or criminal district court for criminal proceedings if:
(1) the person is 18 years of age or older;
(2) the person was:
(A) 10 years of age or older and under 17 years of age
at the time the person is alleged to have committed a
capital felony or an offense under Section 19.02, Penal
Code;
(B) 14 years of age or older and under 17 years of age
at the time the person is alleged to have committed an
aggravated controlled substance felony or a felony of the
first degree other than an offense under Section 19.02,
Penal Code; or
(C) 15 years of age or older and under 17 years of age
at the time the person is alleged to have committed a felony
of the second or third degree or a state jail felony;
(3) no adjudication concerning the alleged offense
has been made or no adjudication hearing concerning the
offense has been conducted;
(4) the juvenile court finds from a preponderance of the
evidence that:

In the Matter of K.A., a Juvenile Page 6
(A) for a reason beyond the control of the state it was
not practicable to proceed in juvenile court before the 18th
birthday of the person; or
(B) after due diligence of the state it was not
practicable to proceed in juvenile court before the 18th
birthday of the person because:
(i) the state did not have probable cause to
proceed in juvenile court and new evidence has been
found since the 18th birthday of the person;
(ii) the person could not be found; or
(iii) a previous transfer order was reversed
by an appellate court or set aside by a district
court; and
(5) the juvenile court determines that there is probable
cause to believe that the child before the court committed the
offense alleged.

TEX. FAM. CODE ANN. § 54.02 (emphasis added).

The plain language of the statute highlights that a transfer may occur

when no adjudication has occurred. The statute also requires a showing of

probable cause—not proof of guilt. The nature of this type of hearing and the

statute dictate that a transfer order is not a final judgment on the merits of

K.A.’s guilt or innocence of the alleged offense. Instead, the transfer process

constitutes only an evaluation of the above-enumerated criteria which are

procedural in nature.

Texas courts have also reviewed the transfer process in the context of

double jeopardy. Because juvenile matters are quasi-criminal we are also

guided by the reasoning of the courts’ opinions in the context of double

In the Matter of K.A., a Juvenile Page 7
jeopardy as applied to transfer and waiver orders. Double jeopardy, like res

judicata, turns on the principle of claim preclusion.

The double jeopardy analysis provides guidance on the determination of

whether a final judgment on the merits occurred. “Texas courts have

consistently held that the certification and transfer hearing cannot be

considered an adjudicatory trial, since the juvenile's guilt or innocence is not

the subject of the inquiry.” Matter of F.A., 835 S.W.2d 748, 749 (Tex. App.—

San Antonio 1992, no writ). “Proceedings to transfer juvenile to criminal

court did not go beyond mere satisfaction of requirements and did not equate

to any adjudication of guilt which would have barred subsequent action in

criminal court under double jeopardy principles.” Id. A juvenile transfer

proceeding is not a trial on merits. Matter of K.B.H. (App. 6 Dist. 1995) 913

S.W.2d 684, rehearing overruled.

Texas courts have seemingly concluded that there is no final judgment

on the merits through the discretionary transfer process. In the same vein,

Texas courts have found that the doctrine of collateral estoppel embodied in

double jeopardy principles did not apply to revocation hearings. State v.

Waters, 560 S.W.3d 651, 659 (Tex. Crim. App. 2018). While distinct legal

concepts, the logic follows in both double jeopardy and res judicata that a

finding that is more procedural in nature and that does not resolve the

In the Matter of K.A., a Juvenile Page 8
substantive issue of guilt will not qualify as a final judgment on the merits

for purposes of the defense of res judicata.

As such, K.A. cannot prove the first element of res judicata. We do not

need to evaluate the other two elements.

Statutory Language is Clear

K.A. also argues that the legislature failed to show its intent to

abrogate the common law of issue preclusion in transfer hearings. We

disagree. The legislature is free to modify or abrogate common-law rules via

statute but can only do so “when that was what the legislature clearly

intended.” Abutahoun v. Dow Chem. Co., 463 S.W.3d 42, 51 (Tex. 2015).

Here, the statutory language is clear. The legislature’s language and intent

are clear in TEX. FAM. CODE ANN. § 54.02(a), TEX. FAM. CODE ANN.

§ 54.02(j)(4)(B)(iii), TEX. FAM. CODE ANN. § 56.01, and TEX. FAM. CODE ANN.

§ 51.041(a). The Texas Family Code allows for both the appeal of a transfer

order and allows for multiple transfer orders. Clear statutory text is

determinative of legislative intent. Entergy Gulf States, Inc. v. Summers, 282

S.W.3d 433, 437 (Tex. 2009)

Given the clarity of the language, we presume that K.A. disagrees with

the language of the statute. K.A.’s argument that the State should not have

In the Matter of K.A., a Juvenile Page 9
“more than one bite at the apple” in the context of discretionary transfer

orders is an argument better taken up with the legislature.

Conclusion

Because we find that no final judgment on the merits occurred and that

the statutory language allows for multiple transfer petitions and order, we

affirm the trial court’s denial of K.A.’s motion to dismiss.

LEE HARRIS
Justice

OPINION DELIVERED and FILED: July 10, 2025
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Affirmed

In the Matter of K.A., a Juvenile Page 10