As applied to this case, the Texas Supreme Court reaffirmed this principle of law stating that, unlike the Mayor the City is not a proper party to an ultra-vires claim. Pidgeon v. Turner, 538 S.W.3d at 88 (citing Heinrich, 284 S.W.3d at 37273). applicable laws and to consult an attorney of your choice for further information or answers to specific legal questions. at 22728. City of Houston, Petitioner, v. James & Elizabeth Carlson, et al., Respondents. Questions regarding case requirements or documents needed should Governmental Immunity Bars Appellants' Suit against Mayor Turner. Appellants have not shown a waiver of immunity provided the trial court with jurisdiction; thus, we affirm the trial court's order granting the Mayor's and the City's plea to the jurisdiction and/or counter-motion for summary judgment. The majority need not and should not include the obiter dicta contained in subsections c, d, e, and f of section IV. Once a TRO is electronically filed, we would suggest that you contact our office so that we are aware that it has been filed. 2013, pet. 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. Appellants filed a petition for review with the Texas Supreme Court, which was granted. Baker v. Nelson must be and now is overruled, and the State laws challenged by Petitioners in these cases are now held invalid to the extent they exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples. Obergefell, 576 U.S. at 675, 135 S.Ct. 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. We disagree. (832) 927-5800 In this interlocutory appeal, 1 the City of Houston appeals the denial of its motion for summary judgment contending that governmental immunity shielded it from the lawsuit filed by Appellees, Catrennia Foreman Sauls, individually and as representative of the estate of her late . Some of the different case (cause) types handled Dep't of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 22627 (Tex. 2006). As set forth, supra, an ultra vires claim cannot be asserted against a governmental entity but must instead be brought against a government official or employee of a governmental entity. b. Case Summary. 2584. 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. 2014) (Garcia, J. On that same day, Mayor Turner and the City filed their plea to the jurisdiction and/or counter motion for summary judgment. April 14, 2023. Petition for Eviction Based on Non-Payment of Rent See Hall v. McRaven, 508 S.W.3d 232, 24243 (Tex. The answer is clear. 1993). The Arkansas Supreme Court held that Obergefell did not apply, but the U.S. Supreme Court disagreed and summarily reversed. 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. ; see Treto v. Treto, No. App.Houston [14th Dist.] If your Drivers License has been invalid for more than 2 years and you have not renewed your Form for Criminal Cases, Homepage Houston. Jeremy W. Peters . 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. See Curry, 434 S.W.3d at 820. 2017, pet. This court should employ a straightforward analysis explaining how the plaintiffs have not shown the trial court erred in dismissing all claims for lack of subject-matter jurisdiction based on governmental immunity, affirming only this ruling of the trial court, and vacating the trial court's rulings on the merits. Id. art. 2017, no pet. Here, appellants do not plead or dispute that Mayor Parker failed to perform a purely ministerial act. Occupational License during the period of suspension in the State of Texas. See City of El Paso v. Heinrich, 284 S.W.3d 366, 37273 (Tex. 2000bb-1(c) (West 2019). Claims Cases, Justice Those material benefits include employment benefits. On July 28, 2015, our court, in a per curiam opinion, reversed the trial court's temporary injunction and remanded for proceedings consistent with Obergefell and De Leon. Civil/Family Post Trial This Baker v. Nelson, 291 Minn. 310, 313, 191 N.W.2d 185, 187 (1971), appeal dismissed, 409 U.S. 810, 93 S.Ct. Please visit our e-File FAQs page, which includes state and Harris County e-Filing requirements, updates, and news; common reasons why files are returned; as well as a list of contacts for filers requiring assistance. Harris County Clerk's Office A summary of court costs, service fees and issuance fees is available on this site, The jurisdictional limit for the County Civil Courts at Law starts at $200.00 and cannot exceed $250,000.00. A Petition is a legal pleading that initiates a case. Even assuming, arguendo, that Mayor Parker was wrong in relying upon federal authority (e.g., Windsor, the Constitution, the Equal Protection and Due Process clauses, the Freeman injunction, and the federal district court's De Leon decision), the city attorney's legal opinion, and the then-existing persuasive authority overturning as unconstitutional the denial of full rights, benefits, and marital status to same-sex spouses and couples, Mayor Parker's continuing directive and actions to offer spousal employment benefits to same-sex spouses of city employees would still not have been ultra vires acts in October 2014 or thereafter. Certified Paper Copy - $5.00 certification fee per document & $1.00 per page. 2009); Turner v. Robinson, 534 S.W.3d 115, 12526 (Tex. Hours and Locations Corp. v. City of Dallas, 197 S.W.3d 371, 374 (Tex. If the trial court erred in dismissing the claims for lack of subject-matter jurisdiction, then the trial court had the power to adjudicate the merits, and only then should this court address the challenges to the grounds on which the trial court dismissed on the merits. denied). 2004). You are urged to review the applicable laws and to consult an attorney 2015). Lazarides, 367 S.W.3d at 800, 805. Although the UDJA itself waives a city's immunity for claims challenging the validity of its ordinance[s] or franchise[s], appellants assert no such claims in this case. Need help e-Filing? Crockett, Texas 75835. Show entries. Ass'n of Bus., 852 S.W.2d at 446 n.9; see Grupo Dataflux v. Atlas Global Group, 541 U.S. 567, 570, 124 S.Ct. Additionally, we take judicial notice that the State now follows Obergefell in providing employee benefits to same-sex spouses of state employees. Media Requests by an attorney of your choice, or to represent yourself. Accessible Monday - Friday, 7:00 am - 5:45 pm. All other relief not expressly granted herein is denied. 7. 37.006(b); Tex. Failure to Plead or Prove Mayor Parker Acting Without Legal Authority in October 2014. All checks and money orders must be made payable in United States currency. The Trial Court Should Have Denied Defendant's Plea to Jurisdiction, II. Co. v. City of Houston, 487 S.W.3d 154, 157 (Tex. Prac. Rogers v City Of Houston | 4:18-CV-04571 | Court Records - UniCourt You have the right to a trial by a jury and to be represented by an attorney of your choice, or to represent yourself. 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. Trial Dockets 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. (mem. The case status is Pending - Other Pending. B. Electronic (non-certified) - $1.00 for up to 10 pages and .10 cents per page for each page over 10 pages, per document, Electronic (certified) - $1.00 for up to 10 pages and .10 cents per page for each page over 10 pages and a certification fee of $5.00, per document. Instead, only when these improvident actions are unauthorized does an official shed the cloak of the sovereign and act ultra vires. Id. Private parties cannot circumvent governmental immunity by characterizing a suit for money damages as a claim for declaratory relief. (quoting Heinrich, 284 S.W.3d at 372). Cause Number. 2001); see also Town of Flower Mound v. Sanford, No. 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. Feedback on Officer Criminal Customer Service Criminal District Courts Please see the Harris County District Courts homepage for additional information including: 2584.14. denied) (citing Heinrich, 284 S.W.3d at 374). See City of Fort Worth v. Rylie, 602 S.W.3d 459, 469 (Tex. App.Houston [14th Dist.] 2020); Chambers-Liberty Counties Navigation Dist. 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 Learn more about FindLaws newsletters, including our terms of use and privacy policy. The clerk also attends each court docket in support of the court. Houston, TX 77002, Free Wi-Fi now available at this location. Civ. 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). On 03/07/2018 DINH, STEVEN filed a Personal Injury - Motor Vehicle lawsuit against CITY OF HOUSTON. Teneshia Hudspeth App.Houston [14th Dist.] Rather appellants alleged only that they regard same-sex relationships as immoral and sinful, in violation of their sincerely held religious beliefs and, therefore, are harmed because they believe their tax dollars have been compelled to subsidize homosexual relationship. Appellants, however, make no effort to show that such allegations are sufficient, as a matter of law, to demonstrate probable, irreparable injury or imminent harm. for the J.P. Courts, Harris Appellants fail to plead and prove that Mayor Parker acted outside of her legal authority. Sch. It includes important statistical information on jury . Appellants argue that if Obergefell and Pavan require Houston to pay equal spousal benefits to all married couples, the only way to reconcile these decisions with Texas Family Code 6.204(c)(2) is for the City to withdraw spousal benefits for all municipal employees. Appellants seek three declarations in their amended petition: a declaration that the Mayor's directive of November 19, 2013 violated state and City law; a declaration that the Mayor and City officials have no authority to disregard state or city law merely because it conflicts with their personal beliefs of what the U.S. Constitution or federal law requires; and a declaration that the Mayor and City are violating state law by continuing to enforce the Mayor's directive of November 19, 2013. Produced by Sydney Harper and Eric Krupke. In 2013, after a decision of the U.S. Supreme Court invalidated part of the federal Defense of Marriage Act (DOMA),1 the then-Houston Mayor Annise Parker (Mayor Parker), on advice from the city attorney,2 on November 19, 2013, direct[ed] that same-sex spouses of employees who have been legally married in another jurisdiction be afforded the same benefits as spouses of a heterosexual marriage.3. FAQS Parks & Wildlife Dep't v. Sawyer Trust, 354 S.W.3d 384, 389 (Tex. You must request DSC on your arraignment setting. Also, see the State Rules for Electronic Filing for additional details. information is provided for general informational purposes only and is Information about Justice Court Cases. Pro Se filers may also file electronically for an additional fee. Create a Website Account - Manage notification subscriptions, save form progress and more. You must pay the jury fee at the same time. v. Sefzik, 355 S.W.3d 618, 622 (Tex. at 768, 133 S.Ct. back to the family district courts. We're sorry for the inconvenience but Javascript is required Pidgeon v. Turner, 538 S.W.3d 73 (Tex. Whether the Mayor or City arguably violated state or local law in providing spousal benefits to same-sex spouses also is legally irrelevant if those laws were unconstitutional and unenforceable under Windsor, De Leon, or later Obergefell, Pavan, and Bostock as well as the United States Constitution. Prac. The Mayor and the City officials have no right to violate state law merely on account of their personal belief that state law violates the Constitution, IX. 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 When a plea to the jurisdiction challenges the existence of jurisdictional facts with supporting evidence, our standard of review mirrors that of a traditional summary judgment: we consider all of the evidence relevant to the jurisdictional issue in the light most favorable to the nonmovant to determine whether a genuine issue of material fact exists. See Tex. 1400 Lubbock Street See Lazarides, 367 S.W.3d at 800, 805. Nat. The information on this website is taken from records made available by state and local law enforcement departments, courts, city and town halls, and other public and private sources. Appellants assert the following as issues on appeal: I. The standard for an ultra vires act is whether it was done without legal authority, not whether it was correct. at 77172, 133 S.Ct. Harris The U.S. Supreme Court in Windsor observed the fact that DOMA reject[ed] the long-established precept that the incidents, benefits, and obligations of marriage are uniform for all married couples within each State, though they may vary from one State to the next. 570 U.S. at 768, 133 S.Ct. Wash. DC Party Shuttle, LLC v. IGuide Tours, 406 S.W.3d 723, 740 (Tex. The Court explained: Today, we must decide whether an employer can fire someone simply for being homosexual or transgender. Just as Harris v. McRae rejected demands for compelling taxpayer-funded abortion, courts should reject attempts to compel taxpayer funding of same-sex relationship, IV. To the extent the court affirms the trial court's jurisdictional dismissal based on governmental immunity, I respectfully concur in the judgment only. App.Houston [14th Dist.] See Farmers Tex. We take as true all evidence favorable to the nonmovant and we indulge every reasonable inference and resolve any doubts in the nonmovant's favor. Code 6.204; see Act of Sept. 1, 2003, 78th Leg., R.S., ch. Nevertheless, appellants urge us to enforce a law providing for marriage on separate terms and conditions as applied to employment benefits: one for different-sex couples that includes benefits and one for same-sex couples that excludes them. 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. Discretionary acts on the other hand require the exercise of judgment and personal deliberation. Emmett, 459 S.W.3d at 587. The Houston Municipal Courts DOES NOT charge defendants to reset cases. of the majority opinion.4 See Hillman, 579 S.W.3d at 359 n.5; In re Dow, 481 S.W.3d at 220. Box 53750Houston, Texas 77052-3750. 2014, no pet.). Defendant: Ivan Castaon doing business as Elite Plumbing and Drain. *No E-filing is not Required for Pro-se parties, *Submitting under incorrect fees, incorrect county and jurisdiction 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. This information is furnished to you to provide basic information relative to the law governing procedures for eviction cases in the Harris County Justice Courts. Graham v City of Houston, Texas | 4:21-CV-03845 | Court Records - UniCourt 401 East Houston Avenue. On July 2, 2018, appellants filed a motion for summary judgment. This information is furnished to you to provide basic information Probate Court Records. treatment of the subject and is not a substitute for advice from an attorney. 2017). 3. of the majority opinion3 and in section IV.D. Please see the Harris County District Courts homepage for additional information including: Please see the Harris County Criminal Courts at Law homepage for additional information including: Cite and Release Dockets are held every Wednesday at 1:00 pm, at 49 San Jacinto, First Floor, Houston, TX 77002. As discussed above, it is well-settled that ultra vires suits cannot be brought against the City, but must be brought against the government official in their official capacity. Also, see the orders on behalf of the State of Texas. 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. On 11/23/2021 Graham filed a Civil Right - Employment Discrimination lawsuit against City of Houston, Texas. Const. v. Sykes, 136 S.W.3d 635, 638 (Tex. Cases, Dockets and Filings in the US District Court for the Southern Heinrich, 284 S.W.3d at 374. If the document is accepted for filing by the County Clerk, the filer will receive a confirmation page that the document has been accepted. Indeed, in listing those terms and conditionsthe rights, benefits, and responsibilities to which same-sex couples, no less than opposite-sex couples, must have access, was no accident. Id. It is helpful to ask for a jury trial well in advance of your trial date. Family Code 6.204(c)(2); however, they seek injunctive relief requiring both Mayor Turner and the City 1) to comply with section 6.204(c)(2) of the Texas Family Code [by ordering the mayor to withdraw spousal benefits from all City employees] and 2) to claw back public funds allegedly spent on spousal benefits to same-sex married couples. How do I file a petition for Occupational Drivers License? Harris Cnty. 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. In their Original Petition and Application for Temporary Restraining Order, Application for Temporary Injunction, and Application for Permanent Injunction, appellants allege that they are Houston taxpayers and qualified voters, that Mayor Parker's directive to the City to offer benefits to same-sex spouses of city employees who are married in a state that recognizes same-sex marriage is a violation of Texas Family Code 6.204, Texas Constitution Article I, 32, and Article II, 22 of the City of Houston Charter. Appellants sought unspecified actual damages as well as temporary and permanent injunctive relief prohibiting the City from providing these benefits. You can research how to prepare a Petition for Occupational License at the Harris County Law Library, which is located at 1019 Congress & Rem. County Homepage, Statement of Inability to Afford Payment of Court Costs or an Appeal Bond. Moreover, Harris County at 625. Thus, appellants' assertion of claims against the City under the UDJA does not waive City's immunity against ultra vires claims. IF YOU ARE PART OF THIS GROUP PLEASE CONTACT THE COURT AT 713.247.8924 AND SPEAK TO SOMEONE REGARDING A SPECIAL ACCOMMODATION AND A SPECIALIZED DOCKET TO ENSURE YOUR CONTINUED SAFETY. Code 37.006(b). Our caseload is composed of all Harris County cases (causes) heard in the Family Courts that 2019) (citing Miranda, 133 S.W.3d at 22728).9 [A] court deciding a plea to the jurisdiction may consider evidence and must do so when necessary to resolve the jurisdictional issues raised. Bland Indep. 2675. Office of Harris County District Clerk - Marilyn Burgess | Search Our See Heinrich, 284 S.W.3d at 372. Id. for receiving and processing incoming customer requests including purchasing copies Less than a week after Fox News agreed to pay $787.5 million to settle the Dominion lawsuit, the network has abruptly fired Tucker Carlson an anchor at the center of the case. See Heinrich, 284 S.W.3d at 372. The state and city DOMAs at issue are set forth, infra, at Section II. All checks and money orders should be made payable to the Harris County Clerk. 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. Your private bonding company may also have information concerning surety bond conditions. Appellants argue that the federal courts have no jurisdiction to intrude upon state-court rulings and that the Freeman injunction was void. Status. 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. 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. Traffic offenses, generally, are punishable by a fine of not more than $200.00 and all costs of court. 3-1-1 or (713) 837-0311. 2584. The City of Houston Municipal Courts accepts payments in cash, check, money order, ATM debit card, and credit card (American Express, Visa, MasterCard and Discover). Only the defendant can request to reschedule his/her court date. The Judge overseeing this case is MICHAEL LANDRUM. If the document was rejected, the filer will City of Houston Municipal Courts. MEADOWS, DRAKE vs CITY OF HOUSTON | Court Records - UniCourt on the 20th day after the date you were served with the citation. Skip to main content. Safety Course Application, Traffic See Stamos v. Houston Indep. We accept drop-box payments in the following forms: The following are handled in the Criminal Customer Service area: *Please note: Per the state mandate, Harris County requires electronic filing in all criminal courts, which restrict us from accepting paper filings from anyone other than Pro Se filers. v. Tex. How does a process server file the return of citation? Appellants also seek a temporary and permanent injunction requiring the mayor and the city to claw back all public funds that they illegally spent on spousal benefits for the homosexual partners of city employees. It is unclear what appellants mean by the phrase claw back. Appellants do not identify what funds would have to be recovered by the City and from whom reimbursement would have to be sought. Same-sex couples are consigned to an instability many opposite-sex couples would deem intolerable in their own lives. 4:13-cv-3755 (S.D. The purpose of a temporary injunction is to preserve the status quo pending a trial on the merits. Because appellants' attempt to prevent the City from offering employment benefits to married same-sex couples on the same terms and conditions as married different-sex couples cannot be reconciled with the requirements of the U.S. Constitution; we reject it. App.Houston [14th Dist.] 570 U.S. 744, 133 S.Ct. Suarez v. City of Tex. 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. Citation and Notices. The following is for information purposes only. to view the Web site. Failure to Establish Requisite Elements. As set forth above, Mayor Parker exercised her discretion to follow the city attorney's legal advice. (We review a trial court's decision to grant or deny a permanent injunction for an abuse of discretion.). Res. 2020, no pet.). Butnaru, 84 S.W.3d at 204. NOTICE: It has come to the attention of the Houston Municipal Courts that companies are using text messages to solicit services. 2006). 2675. Public Datasets The County Civil Courts Department serves as the clerks for the four statutory County Civil Courts at Law in Harris County.

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