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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 03-01-00340-CV
Regular Panel Decision
Aug 09, 2001

Rick Perry, in His Official Capacity as Governor of the State of Texas Henry Cuellar, in His Official Capacity as Secretary of State of the State of Texas v. Alicia Del Rio, Phyllis Dunham and Jeremy Wright

This case is an interlocutory appeal from the denial of a plea to the jurisdiction by the District Court of Travis County. Appellants, including the Governor, Lieutenant Governor, and Secretary of State of Texas, argued that they were not 'governmental units' for the purpose of interlocutory appeal and that the appellees' redistricting claims were not ripe. The Third District Court of Appeals at Austin affirmed the district court's order, holding that state officials acting in their official capacities are indeed 'governmental units' under the Civil Practice & Remedies Code. The court also found that the consolidated redistricting lawsuit was ripe for judicial consideration, particularly after the state legislature adjourned without enacting a new congressional redistricting plan. Lastly, the court clarified that a prior federal court's retained jurisdiction over 1990 census-based redistricting did not preclude state court jurisdiction over challenges based on the 2000 census.

Interlocutory AppealPlea to the JurisdictionGovernmental UnitRipeness DoctrineOfficial CapacityRedistrictingCongressional DistrictsJurisdictionTexas ConstitutionCivil Practice & Remedies Code
References
27
Case No. No. 08-22-00029-CV (TC# 2021DCV1132)
Regular Panel Decision
Mar 27, 2023

Ricardo A. Samaniego, in His Official Capacity as County Judge, Carlos Leon, in His Official Capacity as County Commissioner, David Stout, in His Official Capacity as County Commissioner, Illiana Holguin, in Her Official Capacity as County Commissioner, Carl L. Robinson, in His Official Capacity as County Commissioner v. Associated General Contractors of Texas, Highway, Heavy, Utilities & Industrial Branch and a Brothers Milling, LLC

The El Paso County Commissioners Court, including County Judge Ricardo A. Samaniego and Commissioners, appealed the denial of their plea to the jurisdiction. They were sued by Associated General Contractors of Texas and A Brothers Milling, LLC, who alleged the Commissioners Court acted ultra vires in setting prevailing wage rates for heavy-highway construction projects in El Paso County. The Appellants argued governmental immunity shielded them and that their wage determinations were final. The appellate court affirmed the trial court's denial, concluding that the Appellees had sufficiently pleaded an ultra vires claim, which falls within the trial court's subject-matter jurisdiction. The court clarified that ultra vires acts by public officials are not considered acts of the state and therefore are not subject to the finality clause.

Governmental ImmunityUltra Vires ActPrevailing Wage RatePublic WorksSubject Matter JurisdictionInterlocutory AppealPlea to the JurisdictionTexas Government CodeStatutory InterpretationEl Paso County
References
16
Case No. 17-0713
Regular Panel Decision
May 03, 2019

Luis Garcia v. City of Willis, Leonard Reed, in His Official Capacity as [Mayor] of the City of Willis, James Nowak in His Official Capacity as Chief of Police of the City of Willis, Hector Forestier, in His Official Capacity as City Manager of the City of Willis

Luis Garcia, representing a putative class, filed suit against the City of Willis and its officials, challenging the constitutionality of red-light camera statutes and a city ordinance, seeking declaratory, injunctive relief, and a refund of civil penalties paid. The trial court denied the city's plea to the jurisdiction, but the court of appeals reversed, concluding Garcia failed to exhaust administrative remedies and that governmental immunity barred his reimbursement claim. The Supreme Court of Texas affirmed the court of appeals' judgment, holding that Garcia lacked standing for his prospective claims due to having already paid the fine and facing no imminent future harm. Furthermore, his reimbursement claim was barred by governmental immunity because he voluntarily paid the fine without utilizing administrative remedies that would have provided a stay. Regarding his constitutional-takings claim, the Court found that although governmental immunity does not apply, Garcia was still required to exhaust administrative remedies before initiating a takings claim in district court, as the administrative process had the potential to moot his claim. Consequently, the Court affirmed the dismissal of Garcia's claims.

Red-light camerasConstitutional challengeAdministrative remediesStandingGovernmental immunityUltra viresDeclaratory judgmentInjunctive reliefCivil penaltyTraffic enforcement
References
32
Case No. 03-11-00594-CV
Regular Panel Decision
Dec 23, 2014

Michael Hamilton v. Mark Washington, in His Capacity as City of Austin Civil Service Director Art Acevedo, in His Capacity as City of Austin Chief of Police The City of Austin, Gary Cobb and Stephen Edmonds, in Their Capacity as Members of Austin Firefighters

Michael Hamilton, an Austin Police Department officer, was indefinitely suspended and sought an appeal with the Austin Firefighters’ and Police Officers’ Civil Service Commission. His appeal was rejected as deficient for failing to include specific statutory language. Hamilton then sued various City of Austin officials and the City, seeking declaratory relief, a writ of mandamus, and to set aside the Commission's decision, along with a breach of contract claim. The district court granted the City's plea to the jurisdiction. The Court of Appeals affirmed in part and reversed and remanded in part, ruling that the district court had jurisdiction over constitutional and ultra vires claims against the officials but lacked jurisdiction for reinstatement, back pay, lost benefits, and the breach of contract claim due to unexhausted administrative remedies.

Governmental ImmunitySubject Matter JurisdictionDeclaratory Judgment ActMandamusUltra ViresCivil Service ActExhaustion of Administrative RemediesCollective Bargaining AgreementStandingConstitutional Law
References
50
Case No. 04-13-00069-CV
Regular Panel Decision
Feb 19, 2014

Tarrant County Democratic Party, Steve Maxwell, in His Official Capacity as Chair of the Tarrant County Democratic Party, Texas Democratic Party And Gilberto Hinojosa, in His Official Capacity as Chair of the Texas Democratic Party v. John Steen, in His Official Capacity as Secretary of State of Texas

This appeal concerns the reimbursement of attorney's fees incurred by the Tarrant County Democratic Party (TCDP), Texas Democratic Party (TDP), and their chairs (Appellants) from the Texas Secretary of State (Appellee). The fees were for defending an election contest lawsuit (the Brimer suit) challenging Wendy Davis’s eligibility as a Democratic candidate for State Senate District 10. The Secretary of State denied reimbursement, arguing the fees were unrelated to the primary election. The appellate court held that Election Code section 173.086(a) waives sovereign immunity and that the Brimer suit fees were

Election LawAttorney's FeesSovereign ImmunityStatutory InterpretationPrimary ElectionElection ContestTexas Election CodeReimbursement ClaimDeclaratory Judgment ActAppellate Procedure
References
33
Case No. 03-21-00429-CV
Regular Panel Decision
Jan 06, 2022

Greg Abbott in His Official Capacity as Governor of Texas And Ken Paxton In His Official Capacity as Texas Attorney General v. Harris County, Texas

This case involves an interlocutory appeal by Governor Greg Abbott and Attorney General Ken Paxton challenging a trial court's denial of their plea to the jurisdiction and the issuance of a temporary injunction. The core legal question is whether Governor Abbott, under the Texas Disaster Act, can issue an executive order (GA-38) that prohibits local governmental entities, such as Harris County, from implementing face-covering requirements. Harris County officials contend these mandates are vital for public health during the COVID-19 pandemic. The Court of Appeals affirmed the trial court's orders, concluding that the trial court possessed subject-matter jurisdiction and did not err in granting the temporary injunction, as the Governor's actions were likely ultra vires.

Texas Disaster ActExecutive Order GA-38Face Covering MandatesCOVID-19 MitigationLocal Government AuthorityGubernatorial PowersUltra Vires ClaimTemporary InjunctionSubject Matter JurisdictionSovereign Immunity
References
32
Case No. 03-01-00400-CV
Regular Panel Decision
Apr 11, 2002

Richard Wallace Pearce and Jesse Ray Blann v. City of Round Rock Round Rock Development Review Board Frank Del Castillo, in His Capacity as Member of the Round Rock Development Review Board Terry Hagood, in His Capacity as Member of the Round Rock Development Review Board

Appellants Richard Wallace Pearce and Jesse Ray Blann appealed the district court's judgment affirming the Round Rock Development Review Board's denial of their permit applications for seven outdoor advertising structures. The core issue was whether the structures qualified as 'signs' and were entitled to non-conforming use status under the City's ordinance, which became effective February 27, 1997. The Court of Appeals held that four of the structures were 'signs' due to having a surface capable of displaying text, despite not yet having advertising affixed, and were therefore entitled to non-conforming use. The court reversed and remanded the Board's decisions regarding these four structures. However, it affirmed the district court's judgment for the remaining three structures, which lacked such a surface, and also upheld the constitutionality of the City's sign ordinance against a takings claim.

ZoningOutdoor AdvertisingNon-conforming UsePermit DenialExtraterritorial JurisdictionAbuse of DiscretionStatutory InterpretationMunicipal OrdinanceTexas Court of AppealsProperty Rights
References
30
Case No. 15-24-00116-CV
Regular Panel Decision
Feb 12, 2025

Arnulfo Cortez, Jr.; Homero R. Balderas, Brian D. Nipper, Mark F. Van Rosendael and Bryan K. Hugghins v. Texas Commission on Law Enforcement; Gregory Stevens in His Capacity as Executive Director of the Texas Commission on Law Enforcement; And John Beauchamp, in His Official Capacity as Counsel for Texas Commission on Law Enforcement; And T.J. Vineyard, in His Official Capacity as Major for the Texas Commission on Law Enforcement

Appellants have neither identified a waiver of the Appellees’ sovereign immunity nor pled a cause of action to confer subject matter jurisdiction on the Court. Sovereign immunity protects state agencies and officers unless there is a clear waiver. Appellants' claims for judicial review under the Administrative Procedure Act (APA) are barred as administrative remedies were not exhausted, and they are not aggrieved by a final contested case decision. Similarly, claims under the Uniform Declaratory Judgments Act (UDJA) fail to waive sovereign immunity and seek impermissible relief challenging an unripe agency order. Appellants' ultra vires claims and mandamus requests are also barred because Appellees acted within their statutory authority in taking disciplinary actions and issuing a warning, and no ministerial duty to grant SOAH hearings for all Appellants exists. Therefore, the trial court properly granted Appellees’ plea to the jurisdiction.

Sovereign ImmunitySubject Matter JurisdictionAdministrative Procedure Act (APA)Uniform Declaratory Judgments Act (UDJA)Ultra Vires ClaimsMandamus ReliefPeace Officer LicensureLaw Enforcement DisciplineTexas Courts of AppealsJudicial Review
References
38
Case No. 14-18-00274-CV
Regular Panel Decision
Mar 17, 2020

Dr. Louis Patino, D.C. Dr. Stephen Wilson, M.D. And Dr. Gary Craighead, D.C. v. Texas Department of Insurance-Division of Workers' Compensation Commissioner Cassandra J. Brown and Dr. Donald Patrick, in Their Official and Individual Capacities State Office of Administrative Hearings, Texas Chief Administrative Law Judge Cathleen Parsley in Her Official Capacity Tommy Broyles, in His Official Capacity The State of Texas And the Attorney General of the State of Texas

Three doctors, Patino, Wilson, and Craighead, appealed the dismissal of their claims against the Texas Department of Insurance-Division of Workers’ Compensation and other state entities. The doctors were excluded from the state's workers' compensation approved doctor list between 2004 and 2007, leading to administrative penalties and a subsequent lawsuit. The trial court dismissed their claims for lack of jurisdiction, asserting immunity. The appellate court affirmed the dismissal of claims challenging final agency orders due to unexhausted administrative remedies and collateral attack immunity. However, the court reversed the dismissal of the doctors' constitutional challenges to the Workers’ Compensation Act and ultra vires claims against the Commissioner, concluding these claims were properly pleaded and not barred by sovereign immunity.

Physician ExclusionAdministrative LawJudicial ReviewSovereign ImmunityUltra Vires ClaimsConstitutional ChallengeDue Process RightsProfessional LicensingGovernment RegulationTexas Labor Code
References
24
Case No. 12-09-00256-CV
Regular Panel Decision
Jun 30, 2010

in the Estate of Ernest H. Warren

Beverly Ann Corey and Stephen Leonard Warren appealed the trial court's grant of summary judgment to Claude Michael Rightmire in their contest of Ernest H. Warren's Last Will and Testament. The appellants argued that genuine issues of material fact existed regarding Ernest's testamentary capacity and Martha Jo Warren's undue influence. The appellate court determined that the trial court improperly granted a no-evidence summary judgment on the issue of testamentary capacity, but properly granted summary judgment on undue influence. The court modified the judgment to reflect a traditional summary judgment on testamentary capacity and affirmed the judgment as modified.

Estate LawWill ContestSummary JudgmentTestamentary CapacityUndue InfluenceAppellate ReviewProbate LawTexas Court of AppealsEvidentiary RulingsDe Novo Review
References
19
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