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Trial Court could not properly issue TRO to enjoin city from considering annexation ordinance

In Re City of Pearland, 14-17-00921-CV (Tex. App. – Houston [14th Dist.], January 9, 2018) The 14th Court of Appeals in Houston granted the City’s petition for mandamus compelling a trial court to lift its temporary restraining order issued in … Continue reading

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Dallas Court of Appeals disagrees with El Paso Court of Appeals and holds civil service commission dismissal of grievance is still subject to appeal to district court

Rodney D. Bailey v. Dallas County, et al.,  05-16-00789-CV (Tex. App. – Dallas, December 21, 2017) This is a county civil service case where the Dallas Court of Appeals affirmed-in-part and reversed-in-part the County Defendants’ plea to the jurisdiction filed … Continue reading

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El Paso Court of Appeals holds non-appearance jurors failed to show waiver of immunity in contempt/fee challenge case but should be allowed to amend.

Joshua Luttrell, et al v. El Paso County, et al., 08-16-00090-CV (Tex. App. – El Paso, December 20, 2017). There is no way to categorize this case in a single sentence. In the thirty-nine page opinion, the El Paso Court … Continue reading

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In annexation opposition, Dallas Court of Appeals opinion could result in trial courts using TOMA injunction provision to prevent legislative acts not yet up for vote

In Re: City of Mesquite, Texas 05-17-01303-CV (Tex.App— Dallas, November 14, 2017) In this original mandamus proceeding, the Dallas  Court of Appeals held the trial court did not abuse its discretion in granting certain injunctive relief prohibiting annexation in an … Continue reading

San Antonio Court of Appeals holds river authority can be compelled to attend contract arbitration

San Antonio River Authority v. Austin Bridge & Road, L.P. and Hayward Baker Inc. 04-16-00535-CV ( Tex.App— San Antonio, August 9, 2017) This is an interesting case where the issue of sovereign immunity impacts whether an entity is a “party’ … Continue reading

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Dallas Court of Appeals dismisses referendum/mandamus claims against council but allows mandamus claims to go forward to trial against City Secretary

City of Plano, Texas, et al. v. Elizabeth Carruth, et al.  05-16-00573-CV (Tex. App— Dallas, February 23, 2017) This is a referendum case where the Dallas Court of Appeals dismissed all but one of the Plaintiffs’ claims under a plea … Continue reading

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Austin Court of Appeals grants TABC plea to the jurisdiction in PIA lawsuit by requestor

McLane Company, Inc. v. Texas Alcoholic Beverage Commission, et al., No.03-16-00415-CV (Tex. App. – Austin, February 1, 2017). This is a Texas Public Information Act (“PIA”) request lawsuit where the Austin Court of Appeals affirmed the granting of several pleas … Continue reading

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Trial court in error for denying defendant’s designation of responsible third party even after SOL deadline says San Antonio Court of Appeals

In re Cleo Bustamante, Jr., 04-16-00333-CV (Tex.App— San Antonio, November 23,2016) This is a mandamus case of interest to litigators primarily who deal with proper designations for responsible third parties. The Fourth Court of Appeals, sitting en banc, determined it … Continue reading

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Trial court ordered to rule on plea to the jurisdiction within one day of order by Court of Appeals since it failed to rule for ten months

In Re: Texas Health Resources, 05-16-01135-CV (Tex. App. – Dallas, October 12, 2016) This is a mandamus matter and helpful to any litigators who have had difficulty getting a judge to rule on a dispositive motion. Texas Health Resources (“THR”) … Continue reading