Consequently, appellants lack standing to request the trial court to impose retrospective monetary relief ordering any claw back of public funds already spent. What is the amount I can sue for in County Civil Court at Law? Appellants' claims, therefore, do not fall into the ultra vires exception to governmental immunity. To view a list of electronic filing providers (EFSP) that have been approved by the State visit, To see the most current list of EFSPs go to. 2510, 125 L.Ed.2d 74 (1993) (explaining a decision extending the benefit of the judgment to the winning party is to be applied to other litigants whose cases were not final at the time of the first decision whether such event predate or postdate our announcement of the decision) (quotation and alteration omitted). treatment of the subject and is not a substitute for advice from an attorney. 2013, pet. Suits Challenging the Validity of a Statute. If a court determines that it lacks subject-matter jurisdiction over claims, the court cannot rule on the merits of the claims and must dismiss the claims for lack of subject-matter jurisdiction, or, if possible, the court may transfer the claims to a court that has subject-matter jurisdiction over the claims. Group, L.P., 412 S.W.3d 102, 112 (Tex. All checks and money orders must be made payable in United States currency. The doctrinal developments include the 2013 decision by the U.S. Supreme Court in Windsor. 2017). on the 20th day after the date you were served with the citation. Jeffrey Avery, Michael P. Doyle, Houston, for Appellee. Harris County Child Support is and reports and filing documents in existing cases (causes). www.EFileTexas.gov The Petition for an Occupational License is not provided by the Harris County Clerks Office. Rogers v City Of Houston | 4:18-CV-04571 | Court Records - UniCourt 2675 (DOMA also brings financial harm to children of same-sex couples.). Marilyn Burgess, Harris County District Clerk ATTN: Criminal Collections DivisionP.O. Application for Writ of Habeas Corpus(Criminal), Returning/filing search warrants (original copy), Filing documents related to a criminal case for, Filing Petitions for an Occupational/Restricted Drivers License for. Show entries. 2d at 64748 (examining cases). Occupational License. Initially, on September 2, 2016, the Texas Supreme Court denied review. 2015) (citing Miranda, 133 S.W.3d at 22728). Payments should be made payable to Marilyn Burgess, Harris County District Clerk, and include your Case Number. A trial court does not abuse its discretion if it applies the law correctly and some evidence reasonably supports its ruling. 14-18-00340-CV, 2020 WL 1528047, at *4 (Tex. Lottery Comm'n v. First State Bank of DeQueen, 325 S.W.3d 628, 633, 634 n. 4 (Tex. City of Houston Municipal Courts. Corp. v. City of Dallas, 197 S.W.3d 371, 374 (Tex. It is therefore ORDERED that all of Plaintiffs' claims are dismissed with prejudice. You can research how to prepare a Petition for Occupational License at the Harris County Law Library, which is located at 1019 Congress At that time, a section of the federal DOMA had been struck down by Windsor. v. Koseoglu, 233 S.W.3d 835, 844 (Tex. When the ultimate and unrestrained objective of an official's duty is to interpret collateral law, a misinterpretation is not overstepping such authority; it is a compliant action even if ultimately erroneous. The Appellants are entitled to an injunction requiring the Defendants to claw back public funds that they previously spent in violation of section 6.204(c)(2), VIII. Appellants assert ultra vires claims against Mayor Turner for violating Tex. However, once a state decides to grant certain benefits as an incident of marriage, it must grant that benefit to all married couples, regardless of sex. See Heinrich, 284 S.W.3d at 370. Appellants also do not indicate if monies are to be sought from and reimbursed by third-party insurers, beneficiaries, or City employees themselves. Hosted by Sabrina Tavernise. Box 1525 Houston, TX. A & M Univ. To obtain a temporary injunction, the applicant must plead and prove three elements: (1) a cause of action against the defendant; (2) a probable right to the relief sought; and (3) a probable, imminent, and irreparable injury in the interim. Id. Skip to main content. A group of former condominium owners brings this inverse-condemnation action against the City of Houston, alleging their property was taken when the city ordered residents to vacate the condominium complex. 2015).13 Federal district Judge Orlando Garcia, however, stayed execution of the February 26, 2014 injunction, allowing the State to appeal to the Fifth Circuit Court of Appeals. If the trial court correctly determined that it lacked subject-matter jurisdiction, then this court should affirm this ruling and vacate that part of the order in which the trial court addressed the merits. See Heinrich, 284 S.W.3d at 371; see also Tex. 201 Caroline, Suite 420 Harris County Clerk's Office Appellants have not shown they have standing to seek or that the court has jurisdiction to order, a claw back or other recoupment. On 11/23/2021 Graham filed a Civil Right - Employment Discrimination lawsuit against City of Houston, Texas. Code Ann. of the majority opinion.2 Because the trial court correctly determined that it lacked subject-matter jurisdiction based on governmental immunity and because this court agrees with this determination, this court has no jurisdiction to adjudicate the merits of the Pidgeon Parties' claims, and this court should not address the merits grounds in the Hybrid Motion, as the court does in section IV. Indeed, appellants have not pleaded any imminent consequence that will flow from the City's continued provision of spousal benefits to same-sex spouses. We are still actively accepting mail and eFilings for the County Civil Courts through existing service providers. v. Blue, 34 S.W.3d 547, 555 (Tex. The City's Immunity is not Waived by Assertion of Claims under the UDJA. Our caseload is composed of all Harris County cases (causes) heard in the Family Courts that As clerks, they have the responsibility of: Filing, docketing and assessing the costs associated with each case. As set forth above, to fall within this ultra vires exception to governmental immunity, appellants must allege, and ultimately prove, that Mayor Turner acted without legal authority or failed to perform a purely ministerial act. Tex. 2011) (analyzing whether UDJA waived a municipality's immunity); City of Houston v. Williams, 216 S.W.3d 827, 82829 (Tex. Dep't of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 22627 (Tex. Under these circumstances, Mayor Parker's actions in October 2014continuing to provide spousal benefits to all spouses of city employees on an equal basiswere authorized and, thus, not ultra vires. Jack PIDGEON and Larry Hicks, Appellants v. Sylvester TURNER, in His Official Capacity as Mayor of the City of Houston, and the City of Houston, Appellees. Id. Court/County. Case Details Parties Documents Dockets. Houston, TX 77002 Additionally, appellants provide no basis to strip spousal benefits from all employees of the City. A temporary injunction's purpose is to preserve the status quo of the litigation's subject matter pending a trial on the merits. In their amended petition against Mayor Turner and the City,7 appellants set forth two causes of action: Plaintiffs Pidgeon and Hicks bring suit as taxpayers to enjoin the mayor's ultra vires expenditures of public funds, and to secure an injunction that requires city officials to claw back public funds that were spent in violation of section 6.204(c)(2) of the Texas Family Code; article I, section 32 of the Texas Constitution; and article II, section 22 of the City of Houston charter. Code Ann. Effective January 1, 2014, the Supreme Court of Texas mandated that all attorneys must electronically file court documents in the Harris OPINION. The week's trial dockets are available online in .pdf format. A cause of action to recover public funds improperly or illegally spent belongs exclusively to the governmental entity that spent them. See Curry, 434 S.W.3d at 820. Criminal District Courts Please see the Harris County District Courts homepage for additional information including: The central test for determining jurisdiction is whether the real substance of the plaintiff's claims falls within the scope of a waiver of immunity from suit. Tex. Information about Justice Court Cases. Air Control Bd., 852 S.W.2d 440, 444 (Tex. See City of Fort Worth v. Rylie, 602 S.W.3d 459, 469 (Tex. MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY , Click graphic above for Municipal Courts Weddings info, Click graphic above for Safe Harbor Court info, Click graphic above for Passport Application info, Click graphic above for Veterans Court info, Herbert W. Gee Municipal Courthouse Co. v. Beasley, 598 S.W.3d 237, 240 (Tex. (We review a trial court's decision to grant or deny a permanent injunction for an abuse of discretion.). Click here to learn more about electronic filing. Governmental immunity is a fundamental principle of Texas law, intended to shield the public from the costs and consequences of improvident actions of their governments. Tooke v. City of Mexia, 197 S.W.3d 325, 332 (Tex. 2018) (citing Reata Constr. To e-file through the State of Texas electronic portal EFileTexas.gov, you must first select an electronic filing service back to the family district courts. courts include divorce, child custody, child support, visitation rights, protective Those material benefits include employment benefits. If you are having difficulty satisfying your court ordered judgment, please come in and speak with an Annex Court Judge at any of our court locations. Appellants also seek declaratory relief against both Mayor Turner and the City. 2675 (placing same-sex couples in a second-tier marriage without federal benefits demeans the couple, whose moral and sexual choices the Constitution protects). Civ. App.Austin 2010, no pet.). Andrade v. Venable, 372 S.W.3d 134, 136 (Tex. on family-related matters filed in the Harris County District Courts. 2675, 186 L.Ed.2d 808 (2013). Hosted by Sabrina Tavernise. MEADOWS, DRAKE vs CITY OF HOUSTON | Court Records - UniCourt Miranda, 133 S.W.3d at 226. These confirmations will come through EFileTexas.gov or the EFSP. and executions, cost statements, expunctions, outgoing transfer of venue cases (causes), op. Foundries, Inc. v. Int'l Molders & Foundry Workers' Union, 151 Tex. Prac. Appellants filed a petition for review with the Texas Supreme Court, which was granted. Id. 239, 248 S.W.2d 460, 464 (1952) (It is settled law that a court will not decide disputed ultimate fact issues in a hearing on an application for a temporary injunction; nor will a temporary injunction issue if the applicant would thereby obtain substantially all the relief which is properly obtainable in a final hearing.). Appellants, who identify themselves as Houston residents and taxpayers, oppose Mayor Parker's directive and seek to enjoin Mayor Turner and the City from continuing to spend public funds for the extension of benefits to same-sex spouses of city employees by claiming those benefits violate state and city DOMAs contained in the Texas Constitution, Texas Family Code, and Houston City Charter.4 Appellants also seek an injunction to claw back taxpayer money that Mayor Parker and other city officials allegedly have unlawfully spent on same-sex spousal benefits of city employees. Purpose of Preserving Status Quo not Met. 1920, 158 L.Ed.2d 866 (2004) (The jurisdiction of the Court depends on the state of things at the time of the action brought. Moreover, the UDJA does not confer jurisdiction where none exists. Missouri Courts - Case.net For information on payment options either in person, by postal mail, fax or phone please see, File Personal Financial Statement and Lobbyist Registration.