7th district court smith county
May 9, 1985. He further testified that the only time during which an agenda posted on Friday morning was "readily accessible and easily accessible in the manner in which a person would have a right to expect to walk in and see a public notice" before a Monday morning meeting of the Commissioners Court would be between the hours of posting on Friday until 8:30 p.m. on Friday night, and between the hours of 6:00 or 6:30 a.m. on Monday until the time of the meeting. APPELLANT . Crim. Local Smith County Rules of Civil Trial - Judicial District Courts and County Courts at Law - Smith County, Texas. George Thornton, Joe Davenport and Glenn Ellerd, plaintiffs/appellants (Landowners), appeal from a take-nothing judgment rendered in a bench trial in their suit against Smith County, County Judge Bob Hayes, Smith County's four commissioners and Tyler Pipe Industries of Texas, Inc. (Tyler Pipe), defendants/appellees. How Much Does a Divorce Lawyer Cost in Texas? The effect of the Supreme Court opinion was that the question of compliance with the Open Meetings Act was not before the Court of Appeals in Holloway, but the court then affirmed the judgment. Crim. Landowners sought relief under the Uniform Declaratory Judgment Act and Texas Revised Civil Statutes, art. App. Crim. App.-Texarkana 2000), pet. ch. Jones v. State, 944 S.W.2d 642, 647 (Tex. 6705, which read: Acts 1884, 18th Leg. created or verified by RecordsFinder. Petition for Writ of Habeas Corpus as to cause # 007-1153-00 in 7th District Court, Smith County, TX, filed by Stephanie Catherine Barron. They serve four-year terms, after which they must run for re-election if they wish to continue serving. Judge Suzanne Smith. No. For more information on which types of cases each court oversees, compare Texas courts. There were two shortened straws, commonly used to snort cocaine, in Appellant's vehicle. Cherokee Circuit . Cardenas v. State, 30 S.W.3d 384, 389 (Tex. Before filing for divorce in Smith County, you need to make sure you are eligible to do so. 1979), Judge Pope wrote, "The judgment of a trial court will not be set aside if there is any evidence of a probative nature to support it, and a court of civil appeals cannot substitute its findings of fact for those of the trial court if there is any evidence in the record to sustain the trial court's findings.". The current language of Subsection (h) of Section 3A further requires that the notice "must be posted in a place readily accessible to the general public at all times for at least 72 hours preceding the scheduled time of the meeting." App. You understand that any search reports offered from this website will only be generated with the purchase of the report Toyah ISD v. Pecos-Barstow ISD, supra. As the officers prepared to search the vehicles, they noticed Lackey in the patrol car making distinct motions, and they became concerned that she was sick. Recordsfinder.com for any unlawful purposes, and you understand that we cannot confirm that information provided District Court Administrator: Judge D. Scott Smith Lynn Ansley. 1985), popularly known as the Open Meetings Act. art. Smith County 7th District Court is located in Smith county in Texas. We do not practice law and cannot provide any legal advice. The pertinent language of Subsection (h) confronting this court in Stelzer was, "Notice of a meeting must be posted for at least 72 hours preceding the day of the meeting. Appellant was observed on the videotape moving about in the car. 1 Smith County Courthouse Annex 200 E Ferguson, #300 , Tyler , TX 75702 Phone: 903-590-4670 Fax: 903-590-4689 Contact information is for County Clerk office. App. He served as district associate judge from 2012 until his appointment to district court judge. The officers agreed that Lackey was not truthful when she accused Appellant of putting his hand in her pocket. results. Section 3A(h) of the 1973 amendments provided that "[n]otice of a meeting must be posted for at least 72 hours preceding the day of the meeting." To serve on the district courts, a judge must be: *While no judge older than 74 may run for office, sitting judges who turn 75 are permitted to continue serving until their term expires. Crim. C-220425 TRIAL NO. Please search responsibly. The officer observed a plastic bag, containing a white powdery substance, where Appellant had been sitting. from Texas Tech University in 1980. or account registration. Smith County, Phone Number: 903-590-1640 2.002 authorize the commissioners court to discontinue or alter public roads. Specifically, Landowners sought judgment declaring illegal and void certain orders made by the commissioners court on August 24th and 31st, 1981. Smith County Jury Summons have a new look. 1979), the Supreme Court, writing on whether there was evidence to support the findings of the lower courts, held, "It is fundamental that these fact findings must be upheld by us if there is more than a scintilla of evidence in support thereof. ch. 1985) (order contained only the cause number and the court of the prior conviction); Ex parte Shields, 371 S.W.2d 395, 395 (Tex. The trial court granted the appellee's motion for summary judgment. review and acceptance of our, https://recordsfinder.com/court/courthouses/tx/smith/tyler/smith-county-7th-district-court, https://www.smith-county.com/Government/ElectedOfficials/DistrictClerk/Default.aspx. A cumulation order should be sufficiently specific to allow prison officials and the defendant to identify the prior conviction with which the new conviction is cumulated. Landowners complain that the evidence is factually insufficient to support the trial court's express finding that the commissioners court substantially complied with the provisions of the Open Meetings Act, that the trial court erred in concluding that substantial, rather than literal, compliance by a governmental body with the notice provisions of the Open Meetings Act is sufficient, and that the trial court erred in denying Landowners' prayer for injunctive relief. We reverse the judgment below insofar as it denied Landowners the injunctive relief sought, and remand that portion of this cause with instructions that the trial court forthwith order the issuance of a permanent injunction enjoining Smith County from closing any portion of Jim Hogg Road (County Road 431) located between the south right-of-way line of County Road 471 and the north right-of-way line of County Road 492 (Ann Campbell Road), and enjoining Tyler Pipe Industries of Texas, Inc. from occupying or placing obstructions upon any portion of Jim Hogg Road located between the south right-of-way line of County Road 471 and the north right-of-way line of County Road 492 (Ann Campbell Road). To learn more about judicial selection in Texas, click here. 1985) were not posted in substantial or literal compliance therewith. Visit our Links Page for websites providing Employment Listings, as well as US Government holiday closings. The bag had not been in the car when the officers began their patrol. You may also want to ask about the means of payment they accept and whether their work hours remain the same. Sometime before August 3, 1981, following informal meetings of various county officials and representatives of Tyler Pipe, a "freeholders'" petition to close a portion of County Road 431 (Jim Hogg Road) was caused to be prepared and circulated to members of the public. any information gathered through Recordsfinder.com for any purpose under the FCRA, including but not limited to if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; Ballotpedia features 408,486 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. Judge Name: Judge Kerry L. Russell. Holloway v. County of Matagorda, 667 S.W.2d 324, 329 (Tex.App.-Corpus Christi 1984), was a condemnation case in which appellants claimed that the condemnation proceeding was voidable "because of the failure of the County's posted notice to meet the time and content requirements of the Open Meetings Act." The same goes for a no-fault marriage dissolution when you and your spouse do not blame each other for the breakdown of your marriage but are not in agreement on how to divide your assets and take care of your children. As the rates are susceptible to change and vary across the state and counties, it might be worth knowing the exact sum before bringing your case to court. Crim. Even if the trial court's judgment is deficient, Appellant has failed to show that he was harmed by the error. (Vernon Supp. THE STATE OF TEXAS, APPELLEE Crim. The undisputed evidence before us reflects that the Smith County Courthouse is closed on Saturdays and Sundays. Appellants in their second, third, fourth and fifth points contend the finding of the trial court that the Commissioners Court substantially complied with the Open Meetings Act is against the great weight and preponderance of the evidence because the evidence demonstrates that (2) the Commissioners Court failed to consider or certify the Petition of Freeholders at any meeting of the Commissioners Court open to the public; (3) the Commissioners Court considered closing the subject portion of Jim Hogg road in discussions and meetings not open to the public; and (4) the Commissioners Court considered its agreement to deed the subject portion of Jim Hogg road to Tyler Pipe, and the compensation it would receive therefor, and reached that agreement in discussion and meetings not open to the public. Also, review of the legal sufficiency of the evidence does not involve any weighing of favorable and non-favorable evidence. art. County argues that the substantial evidence rule applies here, and that the evidence produced at trial reasonably supports the orders of the commissioners court, and thus the judgment below should not be disturbed. Civil suits involving $25,000 or less. Appeal from the 7th District Court, Smith County, Donald Carroll, J. Allan Jackson, Tyler, for appellants. 1975). Appellant was in the other vehicle. Officers did not see the bag when they put Appellant in the patrol car. ." I would affirm the judgment of the trial court. The corrected partial minutes of the August 31st meeting reflect that by unanimous vote, the commissioners court authorized the county judge to execute a "quit-claim deed" to Tyler Pipe covering that portion of County Road 431 closed by order of the commissioners court on August 24, 1981. If you would like to help it grow, please consider donating to Ballotpedia. Consequently, we overrule issue two. [6][7], Though Texas officially has closed primaries (requiring that voters declare party affiliation in advance in order to participate), the state's primaries are functionally open: any registered voter may vote in any single party's primary if they have not voted in the primary of another party. The movements that Appellant made were similar to the movements made by Lackey, as if he were also attempting to get something out of his pocket. The evidence further shows that the main entrances to the first floor of the Smith County Courthouse are locked between the hours of 7:00 and 8:30 p.m. on Fridays, and remain locked until 6:00 or 6:30 a.m. on the Monday following. This case deals only with the re-routing of a short segment of a county road. 1909, pp. He earned his BA degree from Augustana College in 1990, his MBA degree from Saint Ambrose University in 1997 and his. 1980). 367 1, 1975 Tex.Gen Laws 968 (present wording). Justia US Law Case Law Texas Case Law Texas Court of Appeals, Twelfth District Decisions 2020 Holly Leann Elliott v. The State of Texas Appeal from 7th District Court of Smith County services. [3], Partisan primaries are held if even one candidate has filed for a position. ("FCRA"), and does not supply consumer reports. Appellant was removed from the patrol car and was found to have been sitting on a bag of. 0 The Lipscomb court observed that the notice provisions of Section 3A made no requirement that the notice be accessible to the public during the entire three-day period. Get a hearing date after a state-mandated 60-day waiting period. The Amarillo court in Lipscomb held that notice of the meeting of the County Board of Trustees set for Tuesday, May 26, 1970, which was posted on Friday, May 22, 1970, inside the courthouse at about 5:00 p.m. constituted a substantial compliance with the notice requirements of the Open Meetings Act. Lookout Mountain Judicial Circuit Website. We cancel the quit-claim deed from Smith County to Tyler Pipe Industries of Texas, Inc., dated October 9, 1981, and shown to be recorded in Vol. You can explore additional available newsletters here. Phone: 903-590-1660. 007-1294-14 Before Morriss, C.J., Burgess and Stevens, JJ. App. Crim. The Smith County District Clerk and the Smith County Court Clerk shall make the Local Smith County Rules of Civil Trial available, upon request, for review to citizens and members of the bar. The State of Texas Appeal from 7th District Court of Smith County Cecil Allan Moore v. The State of Texas Appeal from 7th District Court of Smith County (memorandum opinion) Annotate this Case Download PDF of 0 An error occurred while loading the PDF. Tex. ", In Ray v. Farmers' State Bank of Hart, 576 S.W.2d 607, 609 (Tex. ), and held that appellants had presented no evidence that anyone who desired to attend the meeting failed to attend, nor presented any evidence that there was an intent to close the meeting to the public. Find and fill out forms relevant to your case. Appellant was placed under arrest and was put in the rear driver's side of the patrol car. This it did not do. Performance & security by Cloudflare. The officers approached the vehicles, both of which were running. George Thornton, Joe Davenport and Glenn Ellerd, plaintiffs/appellants (Landowners), appeal from a take-nothing judgment . Hours: Monday-Friday 8:00 AM - 5:00 PM. We sustain Landowners' fifth point. App. This Texas-related article is a sprout; we plan on making it grow in the future. 100 N Broadway, Rm 203, Tyler, TX75702-7236 There was no dispute that the notice was posted at least 72 hours preceding the scheduled time of the meeting. 431) adjoining part of Tyler Pipe Foundry Property [sic]." The court address is 100 N Broadway, #204, Tyler TX 75702. A Birth Certificate; A Death Certificate; A Marriage License . Banks v. State, 708 S.W.2d 460, 461 (Tex. The only change for any landowner traveling on road # 431 was that the traveling public would travel on road # 471 on the north side of Tyler Pipe to reach Highway 69 rather than on the east and south side of Tyler Pipe to reach Highway 69. [6], The winning candidates from each major party's primary, as well as any additional minor party candidates, compete in a general election on the first Tuesday after the first Monday in November. at Texas Tech University School of Law in 1983. The State of Texas Appeal from 7th District Court of Smith County John Sandoval v. The State of Texas Appeal from 7th District Court of Smith County (memorandum opinion per curiam) Annotate this Case Download PDF of 0 An error occurred while loading the PDF. 367 1, 1975 Tex.Gen Laws 968. *county-courthouse.com is not affiliated with the Official US Government, or any state, local, or federal office. Texas County Courts Article 6703 and the new article 6702-1, Sec. To inquire about the fees, contact the clerk of the district court where you plan to file. Acts 1973, 63rd Leg. 2.002, authorize the commissioners court to "alter any road whenever it shall be deemed expedient," or "altered when necessary." State of Texas--Appeal from 7th District Court of Smith County Annotate this Case. Our court in Stelzer v. Huddleston, supra, wrote that substantial compliance is achieved when the action of the governmental body "provides realistic fulfillment of the purpose for which the mandate was incorporated in the statute," Id. You understand that by clicking "I Agree," StateCourts.org will conduct only a preliminary people search of the information you provide and that a search of any records will only be conducted and made available after you register for an account or purchase a report. One of the officers testified that the straws were significant because they were often used to snort cocaine. Search Home; I Want To. 6703 was complied with when the commissioners court altered or re-routed the road before the segment was discontinued, and the public was not prohibited from using the road, and art. A sketch of the area in question follows: The trial court made and filed findings of fact and a conclusion of law as follows: In Stedman v. Georgetown Savings and Loan Association, 595 S.W.2d 486, 488 (Tex. endstream endobj 184 0 obj <. This review must employ appropriate deference to prevent an appellate court from substituting its judgment for that of the fact finder, and any evaluation should not substantially intrude upon the fact finder's role as the sole judge of the weight and credibility to be given to the testimony of the witnesses. Take the final paperwork with you to the court and attend the hearing. Otherwise, you will not be considered a resident, and the local court will not review your case. In Cameron County Good Government League v. Ramon, 619 S.W.2d 224, 231 (Tex.Civ.App.-Beaumont 1981, writ ref'd n.r.e. When the second patrol car arrived, Appellant was removed from the vehicle. Crim. Clerk Name: Lois Rogers. The majority opinion fails to distinguish the facts in the instant case. : : : : APPEAL NO. En Espanol. Officers executing a warrant at Johnson's address found a rifle and drugs. Please visit GoodHire for all your employment screening needs. The Moore case was also a case involving the closing of a road. Filing for Divorce in Runnels County, Texas, Filing for Divorce in Taylor County, Texas, What Are the Grounds for Filing for Divorce in Texas. [citing cases] But except in a rare case, the question of whether there was substantial compliance with the Act is a fact issue; and, in the absence of a waiver or an admission of the nonmovant, cannot be decided by summary judgment." StateCourts.org uses public and private sources of information to supply you with search US District Court for the Eastern District of Texas: Presiding Judge: Jeremy D Kernodle: Referring Judge: John D Love: 2 Judge: K Nicole Mitchell: . We agree with the Beaumont Court. 208 0 obj <>stream 1996). Those cases dealt with the closing of a road. The search you are about to conduct on this website is a people search to find initial results of the search subject. ORDER Cecil Allan Moore has appealed from the trial court's order of final adjudication of guilt for the offense of indecency with a child by sexual contact and the resulting fifteen-year sentence. The phone number for Smith County 7th District Court is 903-590-1660 and the fax number is 903-590-1661. 393-395 of the Deed Records of Smith County, Texas. search reports. The record shows that Whitehouse police officers were on patrol when they observed two cars in the parking lot of a closed business. In issue two, Appellant contends that the evidence is factually insufficient to support the verdict. ), The court in Common Cause further said, "We agree that the greater weight of Texas authority holds that only substantial compliance is required. You understand that by clicking "I Agree" you consent to our Terms of Service and agree not to use information provided by StateCourts.org for any purpose under the FCRA, including to make determinations regarding an individual's eligibility for personal credit, insurance, employment, or for tenant screening. Russell received a B.A. You may be shocked by the information found in your Williams v. Castleman, 112 Tex. .. (Emphasis added.) District 7 is a district court in Smith County. We affirm the judgment of the trial court. endstream endobj startxref Hereinafter referred to as the Open Meetings Act. In issue three, Appellant argues that the cumulation order contained within the judgment is void for lack of specificity. The Texas Judicial System, Office of Court Administration (March 2005). On Tuesday, August 28, 1981, at 10:00 a.m. notice of the agenda of a special session of the Smith County Commissioners Court to be held on August 31, 1981, at 10:00 a.m. was posted on a bulletin board located in the hallway of the first floor of the courthouse. 1963) (order contained only the date and the court of the prior conviction). 227 1, 1969 Tex.Gen Laws 674, amended by Acts 1973, 63rd Leg. Surely the Compton and Moore cases are not authority for such a result. The record also discloses that the Commissioners had informally discussed the closing of the road several times but that formal action was taken by them only on August 24, 1981, after the posting of the freeholders' petition on August 3, 1981. Constitutional County Court; District Courts; Justice of the Peace Courts; Local Rules of Civil Trial; Local Rules of Practice for Family Law; Budget and . App. ch. Smith County Courthouse 100 N. Broadway, Room 203 Tyler, TX 75702 Phone: (903) 590-1640 Fax: (903) 590-1641 Dockets NOTE: Public access to Court calendars can be viewed at: Judicial Search Court Calendar 2023 Civil Trial Week Schedule 2023 Tax Trial Docket Smith County Local Rules of Civil Trial Forms Request for Media Coverage .courts-container hr {background-color:#f0a236;padding-bottom:2px;}, Fifth Circuit Court of Appeals U.S. District Court: Eastern District of Texas, Western District of Texas, Northern District of Texas, Southern District of Texas U.S. Bankruptcy Court: Eastern District of Texas, Western District of Texas, Northern District of Texas, Southern District of Texas, Texas Supreme Court The August 24th order closed a segment of County Road 431. "No principle of law is better settled than that acts of discretion and findings of fact on the part of public officers to which such power is confided, including Commissioners Courts, will not be reviewed on appeal." Address: 350 McAllister Street Room 1295, San Francisco, CA 94102. Crim. The trial court assessed punishment at imprisonment for five years. The package of documents you will need for a Smith County divorce will mainly depend on whether you have children under 18 and whether your spouse will contest the case. Smith County District Court. 42.08(a) (Vernon Supp. Corrected partial minutes of the August 24th meeting reveal that while the votes of the members of the commissioners court were not recorded, a "motion," not quoted in the minutes, was made "on closing a portion of Jim Hogg Road adjoining a part of the Tyler Pipe Foundry property," the motion was seconded, and carried by affirmative vote of at least a majority of the court. Click here to contact our editorial staff, and click here to report an error. Your use of RecordsFinder is conditioned on your In McConnell v. Alamo Heights ISD, 576 S.W.2d 470, 474 (Tex.Civ.App. Following the hearing, the district court dismissed Smith's suit for failure to state a claim upon which relief could be granted. V. JUDICIAL DISTRICT COURT OF . of NAACP v. Texas Statutory Probate Courts I disagree. Appellant Bennie Saenz was convicted by a jury of possession of cocaine. File the Decree with a clerk after the judge signs it. Although we may be of the opinion that the requirements of the notice are too restrictive, nevertheless we are not empowered to legislate a change when the import of the statute is plain and unambiguous. a resident of his or her respective judicial district for at least two years. The State of TexasAppeal from 7th District Court of Smith County Alex Dalton Ingram v. The State of TexasAppeal from 7th District Court of Smith County (memorandum opinion ) Annotate this Case Download PDF Free Daily Summaries in Your Inbox Search this Case There was no way of telling from the video whether Lackey was also in possession of the cocaine and that she removed it from her pocket. Article 6703, TEX.REV.CIV.STAT.ANN. 2524-1 (Vernon 1965). On August 3, 1981, the commissioners court, in special session, voted unanimously to conduct a public hearing on such petition at 10:00 a.m. on Monday, August 24, 1981. App. There are two main requirements that either you or your spouse should meet: As long as any of you meets both of these requirements, you may divorce in Smith County. Appellant there filed suit for injunctive and declaratory relief to set aside a resolution of appellee's board of directors authorizing its general manager to enter into a contract for railroad cars, alleging noncompliance with the Texas Open Meetings Act. Under no circumstances may you use our Texas is one of 43 states that hold elections for judicial positions. On Appeal from the 7th District Court Smith County, Texas Trial Court No. Links for online court records and other free court resources are provided for each court, where available. 193, 247 S.W. 12-83-0027-CV. What Is the Residency Requirement for A Texas Divorce? 6252-17 Section 3A(h) (Vernon Supp. Ann. 1932, holding approved), we have concluded that the order of the commissioners court closing the segment of the road was void. It is worth paying special attention to sections with numbers and calculations, as they are the easiest to make mistakes in. I agree with the trial court finding that the Commissioners Court substantially complied with the provisions of the Open meetings Act, and that they did not abuse their discretion in the discontinuance of the segment of the road in issue here. Subsection (h) reads in pertinent part: See Scott v. Graham, 156 Tex. If youre not sure which court youre looking for, learn more about the Texas court system. Texas Court of Appeals Texas Justice of the Peace Courts, Courts in Texas Texas judicial elections Judicial selection in Texas. Protection Act of 1994 (DPPA). The question of whether conduct of a governmental body constitutes substantial compliance with such notice provisions is a mixed question of law and fact and must be determined on a case-by-case analysis of the language of the statute and the evidence before the court. County Judge Bob H. Hayes testified at trial, that at the August 24th meeting, the motion to close the road segment was adopted by unanimous vote. *Not location specific. 6252-17, although mandatory, were subject to the substantial compliance rule, citing inter alia, Lipscomb Independent School District v. County School Trustees, 498 S.W.2d 364 (Tex.Civ.App.-Amarillo 1973, writ ref'd n.r.e.). jordan staal daughter, wrightsville, ga arrests, pop warner football schedule 2021,
