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. 3. at 22728. Occupational License. Co. v. Beasley, 598 S.W.3d 237, 240 (Tex. In addition to being the EFM, EFileTexas.gov is also one of the certified EFSPs. also produces the service documents as requested on family cases (causes) and accepts Court records for this case are available from Texas Southern District. This time-of-filing rule is hornbook law). This information is furnished to you to provide basic information relative to the law governing procedures for civil cases in the County Civil Courts at Law. Statement of Inability to Afford Payment of Court Costs or an Appeal Bond On 12/20/2019 MUNOZ, JENNIFER filed a Personal Injury - Motor Vehicle lawsuit against CITY OF HOUSTON. App.Houston [14th Dist.] Dep't of Transp. Code 37.002(b). Wash. DC Party Shuttle, LLC v. IGuide Tours, 406 S.W.3d 723, 740 (Tex. App.Houston [14th Dist.] out-of-county family transfers for filings in Harris County. Although appellants did not plead that the Mayor is committing an ultra vires act by declining to withdraw spousal benefits from all spouses of City employees in alleged defiance of 6.204(c)(2), they argued it in their summary judgment and now on appeal. Hosted by Sabrina Tavernise. If you do not know your case number, please include your full name and date of birth. All other relief not expressly granted herein is denied. In their request for relief, they sought: 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; a declaration that the mayor and the city are violating state law by continuing to enforce the mayor's directive of November 19, 2013; 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; a temporary and permanent injunction requiring the mayor and the city to comply with section 6.204(c)(2) of the Texas Family Code; pre- and post-judgment interest as allowed by law; all other relief that this Court deems appropriate. We affirm the trial court's order. Specifically, appellants sought to enjoin the mayor and the city to comply with section 6.204(c)(2) of the Texas Family Code.. To view a list of electronic filing providers (EFSP) that have been approved by the State visit www.EFileTexas.gov. Certified Paper Copy - $5.00 certification fee per document & $1.00 per page. 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 . 2584, 192 L.Ed.2d 609 (2015), which held that same sex couples may exercise their fundamental right to marry in all States, and that that there is no lawful basis for a State to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character. Obergefell, 576 U.S. at 681, 135 S.Ct. (832) 927-0126. Sch. Information about fine only misdemeanor cases pending in the City of . As Heinrich made clear, immunity for an ultra vires act is only a waiver with regard to bringing future acts into compliance with the law. City of Galveston v. CDM Smith, Inc., 470 S.W.3d 558, 569 (Tex. Even assuming, arguendo, that appellant could establish the first elementthat they are taxpayers in Houston, they cannot demonstrate the second elementany illegal City expenditures. 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. After Mayor Parker's term in office concluded at the end of 2015, her successor, Mayor Turner, left the directive in place, and appellants have continued their lawsuit against Mayor Turner and the City. Houston court records are under the purview of the Harris County District Court Clerk. b. (mem. Tex. In some instances the cases are referred Produced by Sydney Harper and Eric Krupke. These confirmations will come through EFileTexas.gov or the EFSP. 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. To speak with a Municipal Courts representative, please dial 3-1-1 or 713.837.0311, if outside Houston city limits. Where can I find the answers to my frequently asked questions. 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. Corp. v. Port of Houston Auth. See Stamos v. Houston Indep. Civ. 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. We are still actively accepting mail and eFilings for the County Civil Courts through existing service providers. In regards to filing deadlines, if a document is filed before midnight is it considered filed that day? 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. The Appellants are entitled to an injunction requiring the Defendants to claw back public funds that they previously spent in violation of section 6.204(c)(2), VIII. 2015). Houston Municipal Court. For more information contact the Public Records Department at 713-274-6390 or email ccoinfoFM@hccountyclerk.com. 2012, no pet.) City, 465 S.W.3d 623, 632 (Tex. Appellants have not shown they have standing to seek or that the court has jurisdiction to order, a claw back or other recoupment. Methods of Payment 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. This section is responsible The Harris County Justices of the Peace and the Clerks of denied). Criminal Collections sets up payment plans for specific cases as ordered by the District Criminal Courts and the County Criminal Courts at Law. Our intermediate courts of appeals have repeatedly stated that it is not an ultra vires act for an official or agency to make an erroneous decision while staying within its authority As important as a mistake may be, sovereign immunity comes with a price; it often allows the improvident actions of the government to go unredressed. See Obergefell, 576 U.S. at 66970, 135 S.Ct. 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. City of Houston Municipal Courts. . Contact us. Appellants, who identify themselves as Houston residents and taxpayers, oppose Mayor Parker's directive and seek to enjoin Mayor Turner and the City from continuing to spend public funds for the extension of benefits to same-sex spouses of city employees by claiming those benefits violate state and city DOMAs contained in the Texas Constitution, Texas Family Code, and Houston City Charter.4 Appellants also seek an injunction to claw back taxpayer money that Mayor Parker and other city officials allegedly have unlawfully spent on same-sex spousal benefits of city employees. 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. HALL. Municipal Court reports all moving traffic convictions to the Texas Department of Public Safety and submits statistical reports for all governmental units as required. Some of the different case (cause) types heard in family Suits Challenging the Validity of a Statute. 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. Indeed, appellants have not pleaded any imminent consequence that will flow from the City's continued provision of spousal benefits to same-sex spouses. Ticket Payments Trial Dockets v. Koseoglu, 233 S.W.3d 835, 844 (Tex. Harris Cnty. Show entries. See Tex. ); Lazarides v. Farris, 367 S.W.3d 788, 800 (Tex. Hosted by Michael Barbaro. As set forth above, in this case, appellants failed to plead and show that any Houston mayor lacked the authority to make enforcement decisions or to interpret extrinsic law. Lazarides, 367 S.W.3d at 800, 805. We disagree. Governmental immunity is a fundamental principle of Texas law, intended to shield the public from the costs and consequences of improvident actions of their governments. Tooke v. City of Mexia, 197 S.W.3d 325, 332 (Tex. Click on in the below citations/notices to view more details. 2006). Res. 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. County Homepage, Statement of Inability to Afford Payment of Court Costs or an Appeal Bond. [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. See Heinrich, 284 S.W.3d at 372. 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. We view the evidence in the light most favorable to the trial court's decision. 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). 2675. back to the family district courts. 2671, 65 L.Ed.2d 784 (1980). How do you verify that the clerk got your e-filed pleading? Prac. Id. See Parker v. Pidgeon, 477 S.W.3d 353, 355 (Tex. To fall within this exception to immunity, the Pidgeon Parties must not complain of the Mayor's exercise of discretion, but rather must allege, and ultimately prove, that the Mayor failed to perform a purely ministerial act or acted without legal authority. Cnty. There are 110 court locations in the City of Houston. To the extent this court affirms the trial court's rulings on the merits, I respectfully dissent. 2017, pet. a registry responsible for receipting child support payments made through our office. Supreme Court of Texas. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Section 6.204(b) declares void a marriage or a civil union of persons of the same sex. The status quo here is the City's continuing to offer equal benefits to all spouses of city employees. An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. 2584. 2675. The Criminal Courts consist of the District Courts, which hear felony cases, and the County Criminal Courts at Law, which hear Class A and B misdemeanor cases and cases appealed from the Justice of the Peace and Municipal Courts. April 27, 2023, 6:00 a.m. You further agree not to use the information provided for any unlawful purposes and you understand that we cannot confirm that information provided below is accurate or complete. It is therefore ORDERED that all of Plaintiffs' claims are dismissed with prejudice. C.Appellants Failed to Establish Standing to Order the City and Mayor to Claw Back Any Public Funds Spent in the Past. Search for Citations and Notices. Houston, TX 77002 Id. See Okpere v. National Oilwell Varco, L.P., 524 S.W.3d 818, 824 (Tex. 2584. Claims Cases, Justice Produced by Will Reid and Michael Simon Johnson. Crockett, Texas 75835. 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. Mar. Another method of waiving governmental immunity is to assert an ultra vires claim based on actions taken without legal authority. Heinrich, 284 S.W.3d at 372. With Nina Feldman and . In its judgment, the majority affirms the trial court's order granting the Hybrid Motion. See Hillman v. Nueces County, 579 S.W.3d 354, 359 n.5 (Tex. 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. 2018) (citing Pidgeon for the proposition that before the Supreme Court will resolve a dispositive issue, the preferred and proper process is to allow a complete vetting of the parties' potential arguments in the lower courts so that the Court has a full record before it). Moreover, the UDJA does not confer jurisdiction where none exists. You must send a copy of the answer to the plaintiff or their attorney, and at 388. See Pidgeon v. Parker, 46 F. Supp.3d 692, 700 (S.D. Status. Document Portal The Judge overseeing this case is URSULA A. Civ. See Lazarides, 367 S.W.3d at 800, 805. provider (EFSP). This case was filed in Harris County District Courts, Harris County District Courts located in Harris, Texas. Navigation Dist., 575 S.W.3d at 344. Both parties have briefed the issue and the parties have filed competing motions for summary judgment. 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. information contained in this site was valid at the time of posting. Indeed, the events occurring in October 2014 prove just the oppositethat Mayor Parker's actions were within her authority. 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. For UPDATES on current eviction cases during the COVID-19 crisis, please see the main page on this website. (832) 927-5800 See Heinrich, 284 S.W.3d at 37273. 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. 11. Appellants assert ultra vires claims against Mayor Turner for violating Tex. App.Fort Worth Aug. 31, 2007, no pet.) See Stamos, 2020 WL 1528047, at *4; Curry, 434 S.W.3d at 820. 2019). Dep't of Transp. It includes important statistical information on jury . Tex. 2584. Moreover, RFRA has a statutory standing provision that does not apply to state ultra vires claims. v. Sefzik, 355 S.W.3d 618, 622 (Tex. Our Terms of Service prohibit the use of CourtCaseFinder.com to determine an individual's eligibility for personal credit or employment, tenant screening, or other business transactions, or for any unlawful purposes such as stalking or harassing others. Our eCommerce feature allows the public to purchase both certified and non-certified copies of various documents. A document will be considered filed timely if it is e-filed at any time before the midnight (in the courts time zone) on the date on which the document April 14, 2023. 508 S.W.3d at 24243. 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. Additionally, although not binding, but offering persuasive authority, the State of Texas was appealing an injunction enjoining the State from enforcing Article I, Section 32 of the Texas Constitution, any related provisions in the Texas Family Code, and any other laws or regulations prohibiting a person from marrying another person of the same sex or recognizing same-sex marriage. DeLeon v. Perry, 975 F. Supp.2d 632, 666 (W.D. Governmental Immunity Bars Appellants' Suit against Mayor Turner. 14. Butnaru, 84 S.W.3d at 204; see Wiese v. Heathlake Cmty. 2016); Reata Constr. 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. On 02/15/2018 TORRES, AIDHEE filed a Personal Injury - Motor Vehicle lawsuit against CITY OF HOUSTON. Thus, the trial court implicitly based the order on each ground stated in the Hybrid Motion, dismissing for lack of jurisdiction based on the first two grounds and dismissing on the merits based on the third and fourth grounds. 17. 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.

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