Related links 2008 Texas Judicial Election Campaigns | 2010 Judicial Election Campaigns in Texas RECENT CASES FROM HOUSTON COURTS OF APPEALS In re James A. Baker (Tex.App.- Houston [1st Dist.] Jan. 19, 2010)(per curiam) (primary election candidacy contest, mandamus denied) By petition for writ of mandamus, relator James A. Baker seeks to compel respondent Jared R. Woodfill, V, Chairman of the Harris County Republican Party, to remove Ricardo L. Ramos’s name from the March 2010 primary ballot for the 308th District Family Court. We deny relator’s motion for temporary relief. We dismiss for want of jurisdiction relator’s petition for writ of mandamus. DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Keyes and Massengale 01-10-00022-CV In re James A. Baker Appeal from 308th District Court of Harris County Election Code Does Not Allow Candidate to Run For Two Offices At the Same Time In Re Dorman (Tex.App.- Houston [14th Dist.] Jan 12, 2009)(Boyce) (election law mandamus) (law prohibiting candidate from running for two offices at the same time enforced by injunction), withdrawal for first position was untimely; mandamus denied). MOTION OR WRIT DENIED: Opinion by Justice Boyce Before Justices Frost, Boyce, and Sullivan. 14-10-00024-CV In Re Steven Dorman Appeal from of Harris County (Judge Al Bennett) Medina v. Benkiser (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Hanks)(plenary jurisdiction) (trial court did not have authority to modify judgment after appeal and add an award attorney's fees; prior appeal was not interlocutory), modified judgment found void) Our opinion and judgment in Medina I constituted the final resolution of the controversy between the parties, and the trial court lacked plenary power to award attorney's fees to appellees. By affirming the trial court's judgment, our judgment essentially adopted the judgment of the trial court dismissing the case for lack of jurisdiction. Because the trial court did not award attorney's fees to the appellees in its judgment--and the appellees did not raise this failure to award fees as an issue in Medina I--our opinion and judgment in Medina I closed the door on the possibility of the appellees recovering their attorney's fees in this case. We sustain appellants' first issue and hold that the trial court lacked plenary power to modify the judgment and award appellees' attorney's fees. VACATE TRIAL COUR JUDGMENT AND DISMISS CASE: Opinion by Justice Hanks Before Justices Keyes, Alcala and Hanks 01-08-00777-CV Debra Medina, Mallory Miller, Jr., Dustan Costine, Chad Creighton, Richard Wyatt and Kay Fisher v. Tina Benkiser and The Republican Party of Texas Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd In Re Bruce R. Hotze (Tex.App.- Houston [14th Dist.] July 10, 2008)(per curiam) (election law, city proposition dispute) DISMISSED: Per Curiam Before Justices Frost, Seymore and Guzman Also see --> Subsequent appeal from modified judgment awarding attorney's fees (Medina v. Benkiser II)(2009) Medina v. Benkiser I, 262 S.W.3d 25 (Tex.App.- Houston [1st Dist.] Jun 12, 2008, no pet.) (no injunction jurisdiction in county court in the absence of other claims over which court has jurisdiction, election code violation alleged, no UDJA jurisdiction for declaratory relief either) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Jennings and Bland 01-08-00474-CV Debra Medina, et al v. Tina Benkiser, et al Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd Re Tina Benkiser, Republican Party of Texas (Tex.App.- Houston [1st Dist.] June 9, 2008) (election mandamus on eve of party convention denied b/c TRO set for contested hearing same day) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Terry Jennings Before Justices Taft, Jennings and Bland 01-08-00451-CV In re Tina Benkiser, Chairman, Republican party of Texas, and The Republican Party of Texas Appeal from County Civil Court at Law No 4 of Harris County Trial court judge: Visiting Judge Tom Sullivan Presiding judge: Hon. Roberta Ann Lloyd (who was out of town at the time TRO was granted, but returned in time to take up the matter same day court of appeals denied relief) Ex Parte Waller ISD (Tex.App.- Houston [1st Dist] Dec. 21, 2007)(Keyes) (ISD cases, tax law, bond validation suit, challenge to school bonds by taxpayer) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Jennings and Keyes 01-07-00900-CV Ex Parte Waller Independent School District Appeal from 155th District Court of Austin County (Hon. Dan R. Beck) Superseded by: In Re Citizens Supporting Metro Solutions, Inc. (Tex.App.- Houston [14th Dist,] Oct. 18, 2007)(Seymore)(substitute opinion)(discovery dispute in suit involving elections and local politics) In Re Citizens Supporting Metro Solutions, Inc. (Tex.App.- Houston [14th Dist.] Jul. 10, 2007) (Seymore)(discovery mandamus denied) MOTION OR WRIT DENIED: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-07-00190-CV In Re: Citizens Supporting Metro Solutions, Inc Appeal from 234th District Court of Harris County (Judge Reese Rondon) Scott v. King (Tex. App. - Houston [1st Dist.] Mar. 27, 2008)(Hanks) (defamation, IIED, Election Code violation) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Higley 01-06-00565-CV John C. Scott v. William E. King Appeal from 212th District Court of Galveston County Trial Court Judge: Hon. Susan Elizabeth Criss In Re Albert Jones (Tex.App. - Houston [14th Dist.] Mar. 20, 2007)(per curiam) (election law, ballot access) MOTION OR WRIT DENIED: Per Curiam (Before Justices Brock Yates, Edelman and Seymore) 14-07-00220-CV In Re: Ray Albert Jones--Appeal from of County . . |
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