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(832) 927-5900, Criminal Collections All rights reserved. To the extent this court affirms the trial court's rulings on the merits, I respectfully dissent. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. In October 2014, the precedential value of Baker was being called into doubt due to the doctrinal developments in the Supreme Court's equal protection jurisprudence in the forty years after Baker. See 42 U.S.C. 37, 34 L.Ed.2d 65 (1972), overruled by Obergefell, 576 U.S. at 675, 135 S.Ct. To assert an ultra vires claim under this approach, appellants had to plead and prove two elements: (1) authority giving the official some (but not absolute) discretion to act and (2) conduct outside of that authority. McRaven, 508 S.W.3d at 239. 16. Prior to the remand, however, the state court gave notice to appellants that a motion to retain was required to keep the case on its docket. A plea to the jurisdiction is a dilatory plea that seeks dismissal of a case for lack of subject matter jurisdiction. The parties in DeLeon agreed that the injunction appealed was correct in light of Obergefell and on July 1, 2015, the Fifth Circuit affirmed the district court's preliminary injunction. 2751, 189 L.Ed.2d 675 (2014). See Heinrich, 284 S.W.3d at 37273. At the Criminal Justice Center at 1201 Franklin, First Floor, Suite 1026. Lottery Comm'n v. First State Bank of DeQueen, 325 S.W.3d 628, 633, 634 n. 4 (Tex. 2675, 186 L.Ed.2d 808 (2013). a registry responsible for receipting child support payments made through our office. In 2003, the Texas legislature amended the Texas Family Code to add Section 6.204, which among other things, prohibits recognition in Texas of lawful same-sex marriages executed in other jurisdictions. Produced by Will Reid and Michael Simon Johnson. 2006) (quoting Hudson v. Wakefield, 711 S.W.2d 628, 630 (Tex. (b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage. 2010). Appellants Jack Pidgeon and Larry Hicks (collectively, appellants), individual taxpayers, bring this interlocutory appeal challenging the trial court's order granting the plea to the jurisdiction of appellee Sylvester Turner, in his official capacity as the Mayor of the City of Houston (Mayor Turner) and appellee City of Houston (the City). 2584.14. We conclude appellants have failed to both plead and establish a waiver of immunity based on the Mayor Parker's failure to perform a purely ministerial act. This case was filed on October 22, 2014; however, the parties were embroiled in prior litigation, which we briefly review. 10. 3. of the majority opinion3 and in section IV.D. 2012, no pet.). 13-18-00219-CV, 622 S.W.3d 397, 402 (Tex. See 576 U.S. at 679, 135 S.Ct. After considering said plea/motion and the summary judgment evidence filed by Defendants, the Court is of the opinion that said plea/motion should be GRANTED. * A late filing drop box is located on the outside wall (to the left of the front entrance) of the County Civil Courthouse Building. All checks and money orders must be drawn on a bank located in the United States. We are still actively accepting mail and eFilings for the County Civil Courts through existing service providers. 2011). We reject appellants' attempts to recharacterize their claims as constitutional challenges to existing legislative acts to save those claims from the City's immunity bar. & Rem. To provide feedback regarding the officer who issued your citation, contact: Other Available Options op.). 2584 ([T]he States are in general free to vary the benefits they confer on all married couples). Servs. See De Leon, 975 F. Supp. Whether the Mayor or City violated state or local law in the past or is violating it now in providing spousal benefits to same-sex spouses is legally irrelevant if the City was under federal court order to do so on the date the lawsuit was filed. After your Case has been assigned to a specific court, you may contact that court for your hearing dates. Contact Laura Goolsby . from these pages. Filing, docketing and assessing the costs associated with each case. A & M Univ. App.Corpus Christi Jan. 23, 2020, no. 2018 All Rights Reserved Similarly, an applicant seeking permanent injunctive relief must demonstrate: (1) a wrongful act; (2) imminent harm; (3) irreparable injury; and (4) the absence of an adequate remedy at law. Appellants assert ultra vires claims against Mayor Turner for violating Tex. How does a process server file the return of citation? Locations of Courts in Houston Harris County 11th Civil District Court Harris County Civil Courthouse 201 Caroline Street 9th Floor Houston, TX 77002 Phone: (832) 927-2600 Dep't of Transp. Harris County Child Support is a registry responsible for receipting child support payments made through our office. also produces the service documents as requested on family cases (causes) and accepts We take judicial notice that after Obergefell was decided, on July 1, 2015, the Fifth Circuit upheld a lower court's ruling enjoining the State from enforcing the provisions in the Texas Constitution and the Family Code, or any other laws or regulations, that prohibit a person from marrying another person of the same sex or recognizing same-sex marriage. De Leon v. Abbott, 791 F.3d 619, 62425 (5th Cir. Case Summary. be directed to the Court Clerks of the court you are assigned to. See In re Dow, 481 S.W.3d 215, 220 (Tex. City of Houston Municipal Courts. Case Summary. See Tex. At that time, a section of the federal DOMA had been struck down by Windsor. Petition for Eviction Based on Non-Payment of Rent LAURA GOOLSBY. 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. Harris County Child Support is The County Civil Courts Department serves as the clerks for the four statutory County Civil Courts at Law in Harris County. Discretionary acts on the other hand require the exercise of judgment and personal deliberation. Emmett, 459 S.W.3d at 587. Thus, appellants' assertion of claims against the City under the UDJA does not waive City's immunity against ultra vires claims. 2675. On July 2, 2018, appellants filed a motion for summary judgment. information contained in this site was valid at the time of posting. R. Civ. If the defendant establishes that the trial court lacks jurisdiction, the plaintiff is then required to show that there is a material fact question about jurisdiction. Windsor, 570 U.S. at 77475, 133 S.Ct. 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. Therefore, a plaintiff alleging an ultra vires claim cannot recover retrospective monetary relief, but is instead limited to prospective declaratory and injunctive relief. There are no guarantees that the hearing will result in an Order Rules and guidelines on how to handle any of your court business, including instructions on how to reset and pay for your case(s), as well as downloadable forms, are available at no charge on our website. 1994)). A trial court does not abuse its discretion if it applies the law correctly and some evidence reasonably supports its ruling. Baker v. Nelson, 291 Minn. 310, 313, 191 N.W.2d 185, 187 (1971), appeal dismissed, 409 U.S. 810, 93 S.Ct. See Freeman v. Parker, Case No. Id. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Civil/Family Post Trial [A] party cannot circumvent governmental immunity by characterizing a suit for money damages as a claim for declaratory judgment. See City of Dallas v. Albert, 354 S.W.3d 368, 378 (Tex. IV-D Child Support Courts decide on matters and render judgments relating to Code 37.002(b). Click here to learn more about electronic filing. The Petition for an Occupational License is not provided by the Harris County Clerks Office. Court records for this case are available from Texas Southern District. Box 1525, Houston, TX 77251-1525. It is helpful to ask for a jury trial well in advance of your trial date. To see the most current list of EFSP's go to www.EFileTexas.gov. Appellants also do not contest by pleading or otherwise that under the Houston City Charter, art. Mayor Turner is shielded from suit and liability by governmental immunity unless appellants can demonstrate immunity has been waived. See Hillman v. Nueces County, 579 S.W.3d 354, 359 n.5 (Tex. The Harris County Justices of the Peace and the Clerks of the Harris County Justice Courts are not allowed to give legal advice. Appellants did not challenge the dismissal of Pidgeon I. Frequently Asked Questions Appellants' issues I, II, III, IV, V, and VI are overruled. v. Sefzik, 355 S.W.3d 618, 622 (Tex. Payments by mail made payable to City of South Houston Courtmail to: - Manage notification subscriptions, save form progress and more. In their motion, appellants argued that the only issues for the trial court to resolve were questions of law: (1) Whether the city can defend its present-day defiance of section 6.204(c)(2) by relying on the Supreme Court's decisions in Obergefell and Pavan v. Smith, U.S. , 137 S. Ct. 2075, 198 L.Ed.2d 636 (2017); and (2) Whether the city can defend its pre-Obergefell defiance of section 6.204(c)(2) by relying on then-mayor Parker's personal beliefs that the statute was unconstitutional. Appellants also argued in their motion that they were entitled to an injunction requiring Mayor Turner and the City to claw back public funds that they previously spent in violation of Section 6.204(c)(2). Please try again. Pidgeon v. Turner, 538 S.W.3d 73, 8384, 89 (Tex. Through a series of opinions following Windsor,15 the U.S. Supreme Court has made clear that the Due Process and Equal Protection Clauses require States to grant same-sex married couples the same legal rights, benefit, and responsibilities as different-sex married couples. NOTICE: It has come to the attention of the Houston Municipal Courts that companies are using text messages to solicit services. 11. This information is not a comprehensive In its final order, the trial court impliedly dismissed all claims asserted in this case for lack of subject-matter jurisdiction and, at the same time, impliedly granted summary judgment on the merits of the plaintiffs' claims. i. Tex. Case Details Parties Documents Dockets. Edited by Liz O. Baylen and Mike Benoist. You have the right to a trial by a jury and to be represented by an attorney of your choice, or to represent yourself. Eviction Appeal Bond (Surety) 2584 (Without the recognition, stability, and predictability marriage offers, their children suffer the stigma of knowing their families are somehow lesser The marriage laws at issue here thus harm and humiliate the children of same-sex couples.); see also Windsor, 570 U.S. at 773, 133 S.Ct. Customer Service provides 2019); Curry v. Harris County Appraisal Dist., 434 S.W.3d 815, 820 (Tex. A temporary injunction's purpose is to preserve the status quo of the litigation's subject matter pending a trial on the merits. 15. The County Clerk's Office records and maintains the records of Commissioners Court, the Probate Courts, and the County Civil Courts at Law. In its judgment, the majority affirms the trial court's order granting the Hybrid Motion. The status quo here is the City's continuing to offer equal benefits to all spouses of city employees. We view the evidence in the light most favorable to the trial court's decision. The case status is Pending - Other Pending. e. Appellants have not Pleaded and Cannot Establish that Either Mayor Parker or Mayor's Turner's Continuation of the Directive to Provide Spousal Employment Benefits to Same-Sex Spouses of City Employees is Without Legal Authority. Issuing and recording citations, notices, executions, abstracts, garnishments, writs or any other process . You are entitled to a jury trial if you file a written request with the court no later than 30 days before the date a case is set for trial. Houston, TX 77002 See 570 U.S. at 77475, 133 S.Ct. 4. Mayor Parker's discretionary act, made on advice of the city attorney, was not legislative, and thus does not represent a municipal ordinance or franchise, nor a statute, and, thus, is not subject to Section 37.006(b). The Court explained: Today, we must decide whether an employer can fire someone simply for being homosexual or transgender. Prac. 2020) (citing Pidgeon for the proposition that where a question presents an important issue of first impression in this Court, we decline to address the question in the first instance and defer instead for the court of appeals to address it after full briefing and argument by the parties.); see also In re Occidental Chem. The Mayor and the City (collectively, the City Parties) asserted in Defendant's Plea to the Jurisdiction and/or Counter-Motion For Summary Judgment (the Hybrid Motion) that (1) the trial court lacks subject-matter jurisdiction over all of the Pidgeon Parties' claims because the City Parties enjoy immunity from suit under the doctrine of governmental immunity; (2) the trial court lacks subject-matter jurisdiction over the Pidgeon Parties' claw back claim because the Pidgeon Parties do not have standing to seek claw back of public funds already spent; (3) as a matter of law the Pidgeon Parties are not entitled to any declaratory relief or attorney's fees; and (4) as a matter of law the Pidgeon Parties are not entitled to any injunctive relief. denied) (en banc). 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. (Tex. cases filed by the Texas Attorney General that establish and enforce child support 2009). The Municipal Court is responsible for processing and maintaining accurate records of citations, including all traffic violations and other misdemeanor or criminal charges filed by the South Houston Police Department, Code Enforcement Officer, Fire Marshal, Humane Officer and any complaints filed by citizens, that are alleged to have occurred within the territorial limits of the City of South Houston. The majority need not and should not include the obiter dicta contained in subsections c, d, e, and f of section IV. Even at the time Mayor Parker issued her directive, it is undisputed that she consulted the city attorney, who interpreted Windsor to require the City to afford benefits to same-sex spouses. SAT: 8:00 a.m. to 4:00 p.m. For general ticket and court information please dial 3-1-1 or 713.837.0311. We're sorry for the inconvenience but Javascript is required With Mary Wilson and Rikki Novetsky. 508 S.W.3d at 24243. Need help e-Filing? See Heinrich, 284 S.W.3d at 37273. Appellants further seek declarations regarding Mayor Parker's directive and its continued enforcement. We accept in-person payments in the following forms: We accept payments by mail in the following forms. On August 29, 2014, federal district Judge Sim Lake entered a preliminary injunction order preserving the status quo and enjoining the City of Houston from discontinuing spousal employment benefits to same-sex spouses of City employees until such time as final judgment is entered in this case or it is dismissed. See Freeman v. Parker, Case No. and reports and filing documents in existing cases (causes). Yet by virtue of their exclusion from that institution, same-sex couples are denied the constellation of benefits that the States have linked to marriage. The email address cannot be subscribed. While the appeal was under submission, in June 2015, the U.S. Supreme Court decided Obergefell v. Hodges, 576 U.S. 644, 135 S.Ct. No probable, irreparable injury, or imminent harm. 31, 2020, no pet.) Where do I find a current list of e-filing service providers? (We review a trial court's decision to grant or deny a permanent injunction for an abuse of discretion.). Pro Se filers may also file electronically for an additional fee. In this interlocutory appeal, the City of Houston appeals the trial court's order denying the City's motion for summary judgment based on lack of jurisdiction. Certified Paper Copy - $5.00 certification fee per document & $1.00 per page. Id. An appellate court should strive to avoid unnecessary statements in its opinions, especially if the unnecessary statements address matters over which the court lacks subject-matter jurisdiction. Defendant: Ivan Castaon doing business as Elite Plumbing and Drain. See Messier v. Messier, 389 S.W.3d 904, 908 (Tex. Aug. 29, 2014). We're sorry for the inconvenience but Javascript is required 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. denied). 2. Occupational Drivers License Information, Harris County Civil Courts at Law - First Emergency Order 3/20/2020, Joint Statement Regarding Health and Safety Concerns - 3/11/2020, Joint Statement Regarding Jury Trials and Hearings - 3/11/2020, Inclement Weather Emergency and Public Health Scheduling Procedures - 3/16/2020, Supreme Court of Texas - First Emergency Order 3/13/2020, Harris County Civil Courts at Law - Second Emergency Order - 4/24/2020, Instructions for Video Hearings and Trials - 4/6/2020, Joint Statement on Eviction Extensions - CARES ACT - 6/11/2020. ), aff'd sub nom., DeLeon v. Abbott, 791 F.3d 619 (5th Cir. The Mission of the Municipal Courts Department is to provide an accessible legal forum for individuals to have their court matters heard in a fair and efficient manner, while providing a high level of integrity, professionalism and customer service. 2584. Eviction Citation Return. The following information is applicable to a person who has had their drivers license suspended by the Department of Public Safety and wishes to obtain an This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The Mission of the Municipal Courts Department is to provide an accessible legal forum for individuals to have their court matters heard in a fair and efficient manner, while providing a high level of integrity, professionalism . 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. However they can do so if they desire by signing up with a service provider. Consequently, appellants have no standing to pursue a claim for recoupment as that claim belongs to the City. City of El Paso v. Heinrich, 284 S.W.3d 366, 37273 (Tex. For information on payment options either in person, by postal mail, fax or phone please see, File Personal Financial Statement and Lobbyist Registration. This All checks and money orders must be made payable in United States currency. Instead of affirming the entire order granting the Hybrid Motion, this court should affirm the part of the order in which the trial court dismisses all claims for lack of jurisdiction based on governmental immunity and vacate the part of the order in which the trial court dismisses the claims on the merits. A suit brought against an employee in his official capacity actually seeks to impose liability against the governmental unit rather than on the individual specifically named and is, in all respects other than name, a suit against the entity. See Tex. See Univ. See Farmers Tex. art. 2011); see also Tex. Appellants filed a petition for review with the Texas Supreme Court, which was granted.5. The story of "Phantom of the Opera's" meteoric rise and bittersweet closing. The U.S. Supreme Court rulings in these cases support the trial court's ruling here that the Mayor and the City have not committed any ultra vires or impermissible act. I, 32; see H.J.R. To establish standing as taxpayers, appellants cannot merely state residential addresses within the City, they must show that 1) they actually pay property taxes in the City,17 and 2) there has been an actual, measurable expenditure of public funds on the allegedly illegal activity that is more than de minimis. Id. The law of the case doctrine is defined as that principle under which questions of law decided on appeal to a court of last resort will govern the case throughout its subsequent stages. Loram Maint. 2584. Traffic offenses, generally, are punishable by a fine of not more than $200.00 and all costs of court. An injury is irreparable if the injured party cannot be adequately compensated in damages or if the damages cannot be measured by any certain pecuniary standard. Butnaru, 84 S.W.3d at 204; accord Cheniere Energy, Inc. v. Parallax Enters. Please click here for Occupational Drivers License Information. For additional information please review our, Small See Blue, 34 S.W.3d 547, 556 (Tex. C.Appellants Failed to Establish Standing to Order the City and Mayor to Claw Back Any Public Funds Spent in the Past. Section 6.204(b) declares void a marriage or a civil union of persons of the same sex. By clicking I Agree, you acknowledge and agree to our Terms of Service, and agree not to use any information gathered through this website for any purpose under the FCRA, including but not limited to evaluating eligibility for personal credit, insurance, employment, or tenancy. Payments should be made payable to Marilyn Burgess, Harris County District Clerk, and include your Case Number. Media Requests Prac. to register your account in order to view or print (with the unofficial watermark) copies online. Access Houston Municipal Court records in HOUSTON County for civil, family, criminal, traffic, & property case information. for receiving and processing incoming customer requests including purchasing copies A clerk also attends each court docket in support of the court. Hours: . 2000). 2014, no pet.). 2-07-032-CV, 2007 WL 2460329, at *3 (Tex. Id. Ministerial acts are those where the law prescribes and defines the duties to be performed with such precision and certainty as to leave nothing to the exercise of discretion or judgment. Sw. Bell Tel., L.P. v. Emmett, 459 S.W.3d 578, 587 (Tex. In sum, there can be no uncertainty as to the propriety and legality of affording spousal benefits equally to all married City employees under Windsor, Obergefell, Pavan, and Bostock. The Judge overseeing this case is George C Hanks, Jr. In Obergefell, the court concluded that excluding same-sex couples from the protections of marriage would hinder a state's interest in childrearing, procreation, and education. The limitation of marriage to opposite-sex couples may long have seemed natural and just, but its inconsistency with the central meaning of the fundamental right to marry is now manifest. Appellants' argument misstates the holding in Obergefell. Stay up-to-date with how the law affects your life. This 2018) (citing Reata Constr. Background. of your choice for further information or answers to specific legal questions. Copyright 2023, Thomson Reuters. Occupational License. at 66869, 135 S.Ct. This case was filed in Harris County District Courts, Harris County District Courts located in Harris, Texas. Thus, we reject appellants' contention that the Mayor was without legal authority to interpret extrinsic law to conclude that providing same-sex spouses with access to spousal benefits was legally required. App.Houston [14th Dist.] B. Jeremy W. Peters . Additionally, Mayor Turner and the City also filed a response to appellants motion for [partial] summary judgment, and reply to appellant's response to appellees' plea to the jurisdiction, arguing appellants were not entitled to summary judgment because their claims were barred by governmental immunity. Effective January 1, 2014, the Supreme Court of Texas mandated that all attorneys must electronically file court documents in the Harris 2006). The case status is Pending - Other Pending. Additionally, as analyzed, supra, appellants are not entitled to any injunctive relief from the City for an ultra vires claim from which the City is immune. Issuing and recording citations, notices, executions, abstracts, garnishments, writs or any other process, document or service authorized or required to be issued by the clerk. Edited by Paige Cowett. B. Click on a week day below to view that particular docket. If the evidence raises a fact issue regarding jurisdiction, the plea must be denied pending resolution of the fact issue by the fact finder. relative to the law governing procedures for eviction cases in the Harris 1201 Franklin, Suite 3180 Non-certified Paper Copy - $1.00 per page. How do you handle emergency filings such as TROs? Aug. 29, 2014) (Lake, J.) The Texas Supreme Court, however, has recognized that immunity does not bar a suit in at least two circumstances relevant to appellants' claims: (1) when the suit seeks to determine or protect a party's rights against a government official who has acted without legal or statutory authoritycommonly referred to as an ultra vires claim; or (2) when the suit challenges the validity of a statute. Tex. City, 465 S.W.3d 623, 632 (Tex. ); Curry, 434 S.W.3d at 820. While the Texas Supreme Court still had jurisdiction over the case and no mandate had been issued, appellants filed their First Amended Petition and Application for Temporary Injunction. (Central Municipal Courts Building) 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). Governmental Immunity Bars Appellants' Claims. 2002) (noting that a party cannot circumvent the State's sovereign immunity by characterizing a suit for money damages as a declaratory judgment claim). 2020 Ford Explorer St Cold Air Intake, Articles C