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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. See Heinrich, 284 S.W.3d at 371; see also Tex. 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. The case status is Pending - Other Pending. Effective January 1, 2014, the Supreme Court of Texas mandated that all attorneys must electronically file court documents in the Harris Houston, TX 77002 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. See McRaven, 508 S.W.3d at 243. But, if Mayor Parker had the authority and discretion to determine whether federal law requires the City to afford same-sex spouses of City employees the same benefits as opposite-sex spouses, the exercise of this authority and discretion cannot be an ultra vires act, even if Mayor Parker made the wrong determination. 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. It is therefore ORDERED that all of Plaintiffs' claims are dismissed with prejudice. 2004). 2d at 64748 (examining cases). App.Houston [14th Dist.] Skip to main content. While the prior federal cases relied upon by the trial court focus on the equal protection and due process violations that would attend denying same-sex spouses access to city benefits, last year, in 2020, the U.S. Supreme Court provided an additional ground to hold that denying benefits to same-sex spouses of city employees would be improper: because it would likely violate the Civil Rights Act of 1964. 2012, no pet.) 3-1-1 or (713) 837-0311. back to the family district courts. and approves supersedeas bonds. Public Datasets The Arkansas Supreme Court held that Obergefell did not apply, but the U.S. Supreme Court disagreed and summarily reversed. Hosted by Michael Barbaro. Notice: Your use of CourtCaseFinder.com is conditioned on your full compliance with our Terms of Service and Privacy Policy. Granting Occupational Drivers License being signed by the Judge. See Heinrich, 284 S.W.3d at 37273. Trial Coordinator: Melissa Hammond 832-927-1711, Trial Coordinator: Grace Cantada 832-927-1722, Judge Lashawn A. Williams 832-927-1703, Trial Coordinator: Vanessa Richardson 832-927-1733, Judge Manpreet Monica Singh 713-927-1704, Clerk: Mariela Santibanez 713-274-1358, Trial Coordinator: Rick Wilson 832-927-1742. 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. Governmental immunity deprives a trial court of subject matter jurisdiction and is properly asserted in a plea to the jurisdiction. at 66869, 135 S.Ct. Hours and Locations Tex. Appellants Jack Pidgeon and Larry Hicks (collectively, the Pidgeon Parties) sued appellee Sylvester Turner, in his official capacity as the Mayor of the City of Houston (the Mayor) and appellee City of Houston (the City). The Harris County Civil Courts at Law and the Clerks of the Harris County Civil Courts at Law are not allowed to give legal advice. The Pidgeon Parties asked the trial court to make various declarations, to issue a temporary and a permanent injunction, and to award them attorney's fees. There are no guarantees that the hearing will result in an Order 2009); Turner v. Robinson, 534 S.W.3d 115, 12526 (Tex. 2011, pet. 2017). at 625. 2584, 192 L.Ed.2d 609 (2015). As set forth, supra, appellants also could not show a probable right to recovery or any wrongful act by Mayor Parker, Mayor Turner, or the City, which is an essential requirement to obtain the injunctive relief requested. Statement of Inability to Afford Payment of Courts Costs, Instructions For Completing Withdrawal of Funds From The Registry Of the Court, Application to Withdraw Funds From The Registry of The Court. 2. 2019). 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. www.EFileTexas.gov Because appellants have failed to demonstrate a fundamental component of their assertion that on October 22, 2014, Mayor Parker acted without legal authority, governmental immunity has not been waived. The City's Immunity is not Waived by Assertion of Claims under the UDJA. & Rem. In order to better protect court documents, we now require you to have a registered login with our site. b. See 570 U.S. at 77475, 133 S.Ct. Our eCommerce feature allows the public to purchase both certified and non-certified copies of various documents. The County Civil Courts Department serves as the clerks for the four statutory County Civil Courts at Law in Harris County. The Trial Court Should Have Denied Defendant's Plea to Jurisdiction, II. not intended as legal advice. See 576 U.S. at 679, 135 S.Ct. 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. See Pavan v. Smith, U.S. , 137 S. Ct. 2075, 2078, 198 L.Ed.2d 636 (2017) (per curiam). confirmation will include the date and time the County Clerk considers the document to have been filed. Appellants' contention that the State can refuse to provide same-sex couples the same benefits as different-sex couples based on its interest in furthering procreation and child-rearing was rejected in Obergefell. Juvenile Courts decide on matters involving adolescents 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. As demonstrated above, Mayor Parker's actions were not illegal on the date this lawsuit was filed. Indeed, the events occurring in October 2014 prove just the oppositethat Mayor Parker's actions were within her authority. When reviewing an order in which the trial court paradoxically dismisses claims for lack of subject-matter jurisdiction and also adjudicates the merits of those claims, this court should first address all the challenges to the trial court's subject-matter jurisdiction. Consequently, sovereign immunity will bar an otherwise proper [U]DJA claim that has the effect of establishing a right to relief against the State for which the Legislature has not waived sovereign immunity. Id. is due. County Civil Courts. Id. Further, while the State might be able to condition certain benefits on Medicare eligibility or tobacco use without running afoul of Obergefell, it may not condition those benefits on whether the marriage is between a same-sex or different-sex couple. 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. Last week, a 21-year-old airman from Massachusetts, Jack Teixeira, was arrested under the Espionage Act and charged with violating federal laws by sharing top secret military documents with an . 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. The UDJA does not provide a separate basis for standing since it is merely a procedural device for deciding cases already within a court's jurisdiction. Tex. The Texas Supreme Court noted that Pidgeon sued the Mayor pre-Obergefell for acting ultra vires in issuing and enforcing the directive to provide benefits to employees' same-sex spouses in violation of DOMA. 5. While the Pidgeon Parties allege that the Freeman suit was collusive, there was no question but the injunction was in effect and had not been invalidated by any court. Andrade v. Venable, 372 S.W.3d 134, 136 (Tex. In a decision dated June 30, 2017, the Texas Supreme Court reversed our decision, holding that the case should be remanded to the trial court so it could consider the impact of both Obergefell and DeLeon on appellants' claims. To the extent the court affirms the trial court's jurisdictional dismissal based on governmental immunity, I respectfully concur in the judgment only. Contact Laura Goolsby . Private parties cannot circumvent governmental immunity by characterizing a suit for money damages as a claim for declaratory relief. 2017, no pet. Governmental Immunity Bars Appellants' Claims and Injunctive Relief Against the City, a. Ultra vires Claims Prohibited against the City. 2584 ([T]he States are in general free to vary the benefits they confer on all married couples). All public case information is still available to everyone, once they login, and can be viewed FREE of charge All Government and Law Enforcement agencies must click here to access our records. See City of Fort Worth v. Rylie, 602 S.W.3d 459, 469 (Tex. Case Details Parties Documents Dockets. Hosted by Sabrina Tavernise. Some of the different case (cause) types heard in family 9. B. 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. On that same day, Mayor Turner and the City filed their plea to the jurisdiction and/or counter motion for summary judgment. Prac. P. 166a(c). In 2015, the U.S. Supreme Court concluded that the state DOMAs at issue violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment and, based on that conclusion, the Court held states may not exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples and may not refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character. Obergefell v. Hodges, 576 U.S. 644, 675, 681, 135 S.Ct. Even assuming, arguendo, that appellant could establish the first elementthat they are taxpayers in Houston, they cannot demonstrate the second elementany illegal City expenditures. Box 1525 Houston, TX. Court: Fifth Circuit Texas US District Court for the Northern District of Texas. information contained in this site was valid at the time of posting. Instead, only when these improvident actions are unauthorized does an official shed the cloak of the sovereign and act ultra vires. Id. for the court clerks can be found on the County Clerk web site under the County Civil Courts tab. The UDJA does not enlarge a trial court's jurisdiction, and a party's request for declaratory relief does not alter the suit's underlying nature. ), cert. Court records for this case are available from Texas Southern District. There are 110 court locations in the City of Houston. App.Houston [14th Dist.] op.). April 14, 2023. Also, see the State Rules for Electronic Filing for additional details. 2018) (citing Reata Constr. The majority need not and should not include the obiter dicta contained in subsections c, d, e, and f of section IV. Consequently, appellants have no standing to pursue a claim for recoupment as that claim belongs to the City. See Blue, 34 S.W.3d 547, 556 (Tex. You are urged to review the applicable laws and to consult an attorney This case was filed in Harris County District Courts, Harris County District Courts located in Harris, Texas. Houston Municipal Court. Failure to Establish Requisite Elements. Case Summary. Marilyn Burgess, Harris County District Clerk Produced by Will Reid and Michael Simon Johnson. 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 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. The mailing address is: Harris County Clerk, P.O. App.Houston [14th Dist.] Dep't of Transp. The County Clerk and the respective staff are not attorneys and cannot provide you with legal advice in the preparation and presentation of your case. We're sorry for the inconvenience but Javascript is required as a result of errors, omissions or discrepancies. consult with an attorney. 13-0435 Decided: December 19, 2014. Alternatively, appellants lack standing as taxpayers to seek claw back of public funds already spent. OPINION. App.Houston [14th Dist.] B. This information is furnished to you to provide basic information Criminal Collections works as an agent to ensure timely payment of court costs, fines, and fees. 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 timely notice of appeal in this Court. Hours: 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. Consequently, immunity bars appellants' UDJA claims against the City. 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. 37.006(b); Tex. MON - FRI 8:00 a.m. to 10:00 p.m. The doctrinal developments include the 2013 decision by the U.S. Supreme Court in Windsor. It demeans gays and lesbians for the State to lock them out of a central institution of the Nation's society. Please try again. relative to the law governing procedures for eviction cases in the Harris After your Case has been assigned to a specific court, you may contact that court for your hearing dates. On December 17, 2013, appellants sued Mayor Parker and the City of Houston in Harris County, Texas state court (Pidgeon I), challenging Mayor Parker's directive and the City's provision of benefits pursuant to that directive and seeking temporary and permanent injunctions preventing the defendants from providing such benefits. Tex. Conservation Comm'n v. ITDavy, 74 S.W.3d 849, 856 (Tex. 2006). Thus, even if the Mayor misinterpreted the extrinsic law, this mistake would not waive the Mayor's immunity under the ultra vires exception. HALL. 1201 Franklin, Suite 1016 How do I contact a city/county department? Thus, appellants lacked standing, as taxpayers, to challenge Mayor Parker's legal actions at the time suit was filed. The Supreme Court held that Section 3 of the federal DOMA violated the Fifth Amendment. 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. to view the Web site. Appellants further seek declarations regarding Mayor Parker's directive and its continued enforcement. be directed to the Court Clerks of the court you are assigned to. Petition for Eviction Based on Non-Payment of Rent TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. (Central Municipal Courts Building) Res. Consequently, ultra vires suits do not attempt to exert control over the [governmental entity] they attempt to reassert the control of the [governmental entity] over one of its agents. Id. 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. also produces the service documents as requested on family cases (causes) and accepts Thus, the relevant date for jurisdiction to be determined is October 22, 2014. a. The contact information 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. Only the defendant can request to reschedule his/her court date. B. 2000bb-1(c) (West 2019). 2675. Citation and Notices. Some of the different case (cause) types handled 2015). denied) (citing Heinrich, 284 S.W.3d at 374). 2020). If your Drivers License has been invalid for more than 2 years and you have not renewed your Produced by Sydney Harper and Eric Krupke. This time-of-filing rule is hornbook law). for receiving and processing incoming customer requests including purchasing copies Aug. 29, 2014). 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). Jurisdiction is determined at the time suit is filed in the trial court. The Plaintiffs are entitled to an injunction that forbids the Mayor to spend public funds in violation of section 6.204( c)(2), VII. Statement of Inability to Afford Payment of Court Costs or an Appeal Bond 1 Concluding that the trial court has jurisdiction over this lawsuit, we affirm. While McRaven himself enjoyed broad authority, that decision requires only a showing that the official enjoys some (but not absolute) discretion to act. McRaven, 508 S.W.3d at 239. The case was eventually remanded back to state court on August 28, 2014. Corp. v. City of Dallas, 197 S.W.3d 371, 374 (Tex. 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. 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. See De Leon, 975 F. Supp. denied) (en banc). Although appellants argue that we should apply these decisions retroactively, we decline to do so because appellants' contention is inconsistent with our requirement under the law to apply U.S. Supreme Court precedent to cases pending on appeal. be times when the information on this web site will not be current. Butnaru, 84 S.W.3d at 204; see Wiese v. Heathlake Cmty. Appellants did not challenge the dismissal of Pidgeon I. A & M Univ. 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. The religious liberty protections Obergefell and DeLeon reinforce the safeguard against compelling taxpayers to fund same sex relationships, V. Defendants miss the point by arguing about access and recognition rather than addressing the exact statute that protects taxpayers, VI. 124, 1 (West 2003). 4:13-cv-3755 (S.D. Prac. Thus, there is no waiver of governmental immunity on this basis. Appellants cannot show a preservation of status quo element, which is a requirement for the injunctive relief sought. There is a 4% surcharge when using credit cards with this method of payment. Question. to register your account in order to view or print (with the unofficial watermark) copies online. A plea to the jurisdiction may challenge whether the plaintiff has met its burden of alleging jurisdictional facts or it may challenge the existence of jurisdictional facts. Miranda, 133 S.W.3d at 226. 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. Those material benefits include employment benefits. . 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 License. In so doing, the Fifth Circuit noted that both sides now agree that the injunction appealed from is correct in light of Obergefell. Id. City of El Paso v. Heinrich, 284 S.W.3d 366, 37273 (Tex. How does a process server file the return of citation? The text message requests the user to click on a link to reset their case(s) for a fee. Prac. All fines are subject to change without notice. Additionally, appellants provide no basis to strip spousal benefits from all employees of the City. Once a TRO is electronically filed, we would suggest that you contact our office so that we are aware that it has been filed. Despite the U.S. Supreme Court's holdings in Windsor, Obergefell, Pavan, and Bostock, discussed infra, the declaratory relief sought by appellants in this case presumes that Section 22 of the Houston City Charter, Section 6.204(c) of the Texas Family Code and Article I, Section 32 of the Texas Constitution remain valid and enforceable. C.Appellants Failed to Establish Standing to Order the City and Mayor to Claw Back Any Public Funds Spent in the Past. Payments by mail made payable to City of South Houston Courtmail to: - Manage notification subscriptions, save form progress and more. Where do I find a current list of e-filing service providers? To fall within this ultra vires exception to governmental immunity, a suit must not complain of a government [official's] exercise of discretion, but rather must allege, and ultimately prove, that the [official] acted without legal authority or failed to perform a purely ministerial act. Heinrich, 284 S.W.3d at 372. 2012) (calling Baker into doubt), aff'd, 570 U.S. 744, 133 S.Ct. We're sorry for the inconvenience but Javascript is required The City is not a religious organization and [t]he Constitution does not permit the State to bar same-sex couples from marriage on the same terms as accorded to couples of the opposite sex, despite any individual person's religious disagreement. 508 S.W.3d at 24243. 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. It includes important statistical information on jury . You must file a Petition for an Occupational License with a court that has jurisdiction over the matter. Civ. All checks and money orders must be made payable in United States currency. by an attorney of your choice, or to represent yourself. Process servers are not required to e-file. Document Portal The Court in Obergefell explained: The States have contributed to the fundamental character of the marriage right by placing that institution at the center of so many facets of the legal and social order. 2584, 192 L.Ed.2d 609 (2015). 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. FOLLOW US, Contact Us Located in the Criminal Justice Center at 1201 Franklin, First Floor, on the right side at the main entrance. With Nina Feldman. Please note, the District Clerks Office will no longer accept Cash Bond Assignments, in compliance with the Office of Attorney General Opinion #GA-0773. Purpose of Preserving Status Quo not Met. Comm'n v. City of Jersey Vill., 478 S.W.3d 869, 875 (Tex. Issuing and recording citations, notices, executions, abstracts, garnishments, writs or any other process . 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). App.Houston [14th Dist.] on family-related matters filed in the Harris County District Courts. 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 The Judge overseeing this case is DAWN ROGERS. Ass'n, Inc., 384 S.W.3d 395, 399 (Tex. Code 37.002, et seq. In addition to being the EFM, EFileTexas.gov is also one of the certified EFSPs. This Public Reports. See Stamos v. Houston Indep. App.Houston [14th Dist.] Appellants' issues I, II, III, IV, V, and VI are overruled. To see the most current list of EFSPs go to

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