Appellants have not and cannot demonstrate any legal purpose that would be served by such a declaration. 2010). 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. 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. App.Austin 2010, no pet.). Only when these improvident actions are unauthorized does an official shed the cloak of the sovereign and act ultra vires. 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. Corp., 197 S.W.3d at 374); Miranda, 133 S.W.3d at 22526. Appellants assert the following as issues on appeal: I. Interscholastic League v. Sw. Officials Ass'n, Inc., 319 S.W.3d 952, 965 (Tex. On 12/20/2019 MUNOZ, JENNIFER filed a Personal Injury - Motor Vehicle lawsuit against CITY OF HOUSTON. 2-07-032-CV, 2007 WL 2460329, at *3 (Tex. Obergefell, 576 U.S. at 67980, 135 S.Ct. Please note, the District Clerks Office will no longer accept Cash Bond Assignments, in compliance with the Office of Attorney General Opinion #GA-0773. 2675 (placing same-sex couples in a second-tier marriage without federal benefits demeans the couple, whose moral and sexual choices the Constitution protects). The Court reiterated its holding that Obergefell proscribes such disparate treatment. Id. b. In the face of an issue or doubt as to whether a court has subject-matter jurisdiction, a court may not presume that it has subject-matter jurisdiction and proceed to adjudicate the merits. For UPDATES on current eviction cases during the COVID-19 crisis, please see the main page on this website. . 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. (Tex. The uncontroverted evidence here shows that, at the time this lawsuit was filed, the City was under federal court order to maintain the status quo, the federal district court in De Leon had already declared Section 6.204 unconstitutional, and Windsor had mandated that spousal benefits offered to different-sex couples must be offered to same-sex couples on an equal basis. For information about bond conditions, contact your attorney, or for personal bonds, contact Harris County Pretrial Services at (832) 927-3520. All checks and money orders must be drawn on a bank located in the United States. OPINION. Cause Number. It will be available B. 2584. See Pidgeon v. Turner, 549 S.W.3d 130 (Tex. Located in the Criminal Justice Center at 1201 Franklin, First Floor, on the right side at the main entrance. information contained in this site was valid at the time of posting. 14-18-00340-CV, 2020 WL 1528047, at *4 (Tex. Case Summary. A quick reference guide on how to electronically file documents, The Supreme Court of Texas mandate on electronic filing, Judicial Committee on Information Technology E-Filing Technology Standards. 4:13-cv-3755 (S.D. Case Summary. 13-0435 Decided: December 19, 2014. Therefore, a plaintiff alleging an ultra vires claim cannot recover retrospective monetary relief, but is instead limited to prospective declaratory and injunctive relief. MON - FRI 8:00 a.m. to 10:00 p.m.
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