the Harris County Justice Courts are not allowed to give legal advice. 2584. This case was filed in U.S. District Courts, Texas Southern District Court. Case Summary. 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 Navigation Dist., 575 S.W.3d at 344. There is no difference between same- and opposite-sex couples with respect to this principle. 2014, no pet.). 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. 2007) (per curiam). 239, 248 S.W.2d 460, 464 (1952) (It is settled law that a court will not decide disputed ultimate fact issues in a hearing on an application for a temporary injunction; nor will a temporary injunction issue if the applicant would thereby obtain substantially all the relief which is properly obtainable in a final hearing.). Appellants Not Entitled to Injunctive Relief, In their amended petition, appellants sought both temporary and permanent injunctive relief. Our caseload is composed of all Harris County cases (causes) heard in the Family Courts that Consequently, immunity bars appellants' UDJA claims against the City. Purpose of Preserving Status Quo not Met. Servs. 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. 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. 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. 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 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 . See Stamos v. Houston Indep. Thus, there is no waiver of governmental immunity on this basis. Learn more about posting a bond, bond forfeitures, cash bond refunds, and the Bail Bond Board here. Search by: Name; Case Number; Address; Phone; Email; First Name: Start Here. Filing an Eviction Case DUE TO COVID-19, MANY OF YOU ARE PART OF THE VULNERABLE POPULATION, ESPECIALLY IF YOU ARE OLDER THAN 65 YEARS OF AGE, SUFFERING WITH UNDERLYING HEALTH CONDITIONS, SUCH AS HIGH BLOOD PRESSURE, CHRONIC LUNG DISEASE, DIABETES, OBESITY, ASTHMA, OR WHOSE IMMUNE SYSTEM IS COMPROMISED DUE CHEMOTHERAPY FOR CANCER OR ANY OTHER CONDITION REQUIRING SUCH THERAPY. Texas. Marilyn Burgess, Harris County District Clerk 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. For more information contact the Public Records Department at 713-274-6390 or email ccoinfoFM@hccountyclerk.com. Upon transmitting a document to the e-filers EFSP, the e-filer is deemed to have delivered the document to the clerk and the document is deemed filed. The County Civil Courts Department serves as the clerks for the four statutory County Civil Courts at Law in Harris County. 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. Jurisdiction is determined at the time suit is filed in the trial court. Effective January 1, 2014, the Supreme Court of Texas mandated that all attorneys must electronically file court documents in the Harris What is the amount I can sue for in County Civil Court at Law? Houston court records are under the purview of the Harris County District Court Clerk. 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). is due. Unless waived, governmental immunity protects political subdivisions of the state, such as cities and their officers, from suit and liability.10 Chambers-Liberty Counties Navigation Dist., 575 S.W.3d at 344; Houston Belt & Terminal Ry. Frequently Asked Questions Pro Se filers may also file electronically for an additional fee. The department is responsible for maintaining the filed records for each Probate Court case. Click on in the below citations/notices to view more details. Conservation Comm'n v. ITDavy, 74 S.W.3d 849, 856 (Tex. Mayor Turner is shielded from suit and liability by governmental immunity unless appellants can demonstrate immunity has been waived. (2) right or claim to any legal protection, benefit, or responsibility asserted as a result of a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction. Media Requests at 22728. However, the state may be a proper party to a declaratory judgment action that challenges the validity of a statute. Tex. On 03/07/2018 DINH, STEVEN filed a Personal Injury - Motor Vehicle lawsuit against CITY OF HOUSTON. Mayor Parker and the City filed pleas to the jurisdiction asserting governmental immunity and challenging appellants' standing to assert their claims. This case was filed in Harris County District Courts, Harris County District Courts located in Harris, Texas. Code 37.002, et seq. The Judge overseeing this case is DAWN ROGERS. In addition, when the Pidgeon Parties filed this suit, a federal district judge in the Freeman case had issued a preliminary injunction, ordering the City not to discontinue spousal benefits to same-sex spouses of City employees. 2017). Because the challenged directive in this case is not a legislative pronouncement, the waiver of immunity under the Texas Declaratory Judgments Act does not apply to the Pidgeon Parties' claims. Nat. 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. Access Houston Municipal Court records in HOUSTON County for civil, family, criminal, traffic, & property case information. See Windsor v. United States, 699 F.3d 169, 17879 (2d Cir. 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. All rights reserved. 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 doctrinal developments include the 2013 decision by the U.S. Supreme Court in Windsor. Shortly thereafter, in response to Obergefell, the Fifth Circuit upheld a lower court's ruling enjoining the State of Texas from enforcing the provisions in the Texas Constitution and the Family Code, or any other laws or regulations, that prohibit a person from marrying another person of the same sex or recognizing same-sex marriage. De Leon v. Abbott, 791 F.3d 619, 62425 (5th Cir. You can research how to prepare a Petition for Occupational License at the Harris County Law Library, which is located at 1019 Congress Appellants cannot show a preservation of status quo element, which is a requirement for the injunctive relief sought. 2675, 186 L.Ed.2d 808 (2013). District Court Records Harris County District Clerk- Civil, Criminal, and Family Justice of the Peace Records Harris County Justice of the Peace- Civil and Criminal (All 16 Justice Courts) Records Quick Links Harris County Archives Harris County Records and Information Management Plan Harris County Records Control Schedule The central test for determining jurisdiction is whether the real substance of the plaintiff's claims falls within the scope of a waiver of immunity from suit. Tex. 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. The only basis for avoiding the Mayor's immunity from suit the Pidgeon Parties assert on appeal is that this immunity does not apply to ultra vires claims. Tex. 2011); see also Tex. This See Tex. 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. 37.006(b); Tex. 2019). 2675 (placing same-sex couples in a second-tier marriage without federal benefits demeans the couple, whose moral and sexual choices the Constitution protects). Moreover, Harris County Additionally, appellants provide no basis to strip spousal benefits from all employees of the City. A transmission report by the e-filer to the e-filers EFSP shall be prima facie evidence of the date and time of the transmission. We're sorry for the inconvenience but Javascript is required In order to better protect court documents, we now require you to have a registered login with our site. The following is for information purposes only. Civ. 2015).13 Federal district Judge Orlando Garcia, however, stayed execution of the February 26, 2014 injunction, allowing the State to appeal to the Fifth Circuit Court of Appeals. . Dep't of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 22627 (Tex. Suits Challenging the Validity of a Statute. Drivers License with the Department of Public Safety, the court may deny you a hearing date. 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. B. FOLLOW US, Contact Us The Plaintiffs satisfy all the requirements for a temporary injunction. denied) (citing Heinrich, 284 S.W.3d at 374). Harris Box 1525 Houston, TX. Appellants' issues I, II, III, IV, V, and VI are overruled. 2000). See Williams v. Lara, 52 S.W.3d 171, 179 (Tex. See Harper v. Va. Dep't of Taxation, 509 U.S. 86, 9697, 113 S.Ct. Id. The status quo here is the City's continuing to offer equal benefits to all spouses of city employees. (To summarize, the Declaratory Judgments Act waives governmental immunity against claims that a statute or ordinance is invalid. 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. 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. Thus, the state court dismissed the case for want of prosecution on May 9, 2014. Certified Paper Copy - $5.00 certification fee per document & $1.00 per page. The Pidgeon Parties have not alleged or argued that the Mayor failed to perform a purely ministerial act. at 647, 135 S.Ct. 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. 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. 2014) (Rosenthal, J.). Here, appellants do not plead or dispute that Mayor Parker failed to perform a purely ministerial act. *No E-filing is not Required for Pro-se parties, *Submitting under incorrect fees, incorrect county and jurisdiction Two years later, in 2017, the Court addressed an Arkansas law that listed a birth mother's different-sex spouse on their child's birth certificate, but not a birth mother's same-sex spouse. See Parker v. Pidgeon, 477 S.W.3d 353, 355 (Tex. Criminal Collections sets up payment plans for specific cases as ordered by the District Criminal Courts and the County Criminal Courts at Law. VI, 7a, the Mayor of the City of Houston has the authority to enforce laws and ordinances and to prescribe rules governing each department necessary or expedient for the general conduct of the administrative department. Further, appellants do not plead or dispute that Mayor Parker's decision to interpret extrinsic law as requiring the City to continue to provide spousal benefits to same-sex spouses of city employees on an equal basis falls within Mayor Parker's discretion under the Houston City Charter. Municipal Court reports all moving traffic convictions to the Texas Department of Public Safety and submits statistical reports for all governmental units as required. 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. Civil/Family Post Trial 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. 14-18-00340-CV, 2020 WL 1528047, at *4 (Tex. This case was filed on October 22, 2014; however, the parties were embroiled in prior litigation, which we briefly review. At the time this suit was filed, the Freeman injunction was in effect, as it had neither been stayed, reversed, or lifted. Aug. 29, 2014) (Lake, J.) Those material benefits include employment benefits. This case was filed in Harris County District Courts, Harris County District Courts located in Harris, Texas. 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. Butnaru, 84 S.W.3d at 204; see Wiese v. Heathlake Cmty. DeLeon, 791 F.3d. See 573 U.S. 682, 134 S.Ct. of your choice for further information or answers to specific legal questions. Hours: 2675. 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. The Court explained: Today, we must decide whether an employer can fire someone simply for being homosexual or transgender. See Blue, 34 S.W.3d 547, 556 (Tex. This Before November 19, 2013, appellees interpreted the Houston City Charter and the Texas Family Code as requiring them to deny benefits to same-sex spouses of city employees who were legally married in states where same-sex marriage was recognized.
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