7th district court smith county

1980). 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. 2000). Appeal from the 7th District Court, Smith County, Donald Carroll, J. Gene Caldwell, Bain, Files, Allen Caldwell, Tyler, for appellees. App. We affirm. The information found in RecordsFinder search results originates from public sources, and is not evaluating eligibility for personal credit, insurance, employment, or tenancy. To inquire about the fees, contact the clerk of the district court where you plan to file. How Much Does a Divorce Lawyer Cost in Texas? "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." ch. Here is a divorce court in Smith County that you may bring your case to: Divorce Courts in Smith County, Texas. However, the commissioners court does not possess the power or authority to take any action to obstruct Landowners' free and uninterrupted passage over, along and across said road or any segment thereof. The August 31st order authorized the county judge to execute a deed on behalf of Smith County to Tyler Pipe of such segment. Visit our Links Page for websites providing Employment Listings, as well as US Government holiday closings. Give a copy of the paperwork you filed to your spouse. 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 Appeal from the 7th District Court, Smith County, Donald Carroll, J. Allan Jackson, Tyler, for appellants. An appellate court should consider all the evidence regardless of its admissibility. The question presented is not whether the action taken by the commissioners court is supported by substantial evidence, but rather should the actions of the commissioners court be voided because of the claimed violations of the requirements of Subsection (h) of Section 3A of the Open Meetings Act. 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. In the present case, the trial court stated in the judgment that the case was "to run consecutive with Cause Number 3382 out of Kleberg County." art. If youre not sure which court youre looking for, learn more about the Texas court system. 1985), which provides in part: Articles cited are Texas Revised Civil Statutes Annotated (Vernon) unless otherwise indicated. 367 1, 1975 Tex.Gen Laws 968 (present wording). What Is the Residency Requirement for A Texas Divorce? Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Judicial and Law Enforcement Center 111 E 11th St. Lawrence, KS 66044-2966 Phone: 785-832-5256 Fax: 785-832-5174 Clerk of the District Court: Douglas Hamilton. Complaints of discrimination may be filed with the Seventh Administrative Districe Office. StateCourts.org is not a consumer reporting agency under the Fair Credit Reporting Act Although we acknowledge the differences between a habeas corpus proceeding and a regular appeal, we see no reason that a faulty cumulation order should not be subject to a demonstration of harm. The Supreme Court on January 30, 1985, decided on Holloway v. County of Matagorda, 686 S.W.2d 101 (Tex. In this direct attack on the orders of the commissioners court, Landowners seek to void the August 24th and August 31st orders of the commissioners court on the ground that the written notices required by TEX.REV.CIV.STAT.ANN. .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 We affirm the judgment of the trial court. App. 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. Chief Judge D. Scott Smith. The result of the holding of the majority would be that any landowner on a road would be able to control the route of any public road and thereby usurp the authority of the county commissioners. 2000). App. The Moore case was also a case involving the closing of a road. 1951), only the cause number and the county in which the conviction occurred are included in the judgment. Make your practice more effective and efficient with Casetexts legal research suite. The trial court assessed punishment at imprisonment for five years. Access to Highway 69 was not impaired; its route was simply altered, and no landowner was denied access to any place that he wished to go before the road was re-routed. Each region is overseen by a presiding judge who is appointed by the governor to a four-year term. Apply For. He served as district associate judge from 2012 until his appointment to district court judge. The standard is the same in both direct and circumstantial evidence cases. On appeal, Appellant complains of legal and factual insufficiency, and a void cumulation order. hbbd```b``"fHF~_L>dXd!s%`6Z@Hz h.FF )+ 1972). 3A(h). NO. The officers searched Appellant's car and found shortened straws. More Information apply. If you would like to help it grow, please consider donating to Ballotpedia. App. or account registration. None of the information offered by this site can be used for assessing or evaluating a person's eligibility for employment, housing, insurance, credit, or for any other purpose covered under the Fair Credit Reporting Act. 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.). Tenn. State Conf. 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.". State of Texas--Appeal from 7th District Court of Smith County Annotate this Case. 7th District Court 114th District Court 241st District Court 321st District Court 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. art. In our review of the legislative history of the notice requirements of the Open Meetings Act, we note, as did the Beaumont Court, that the revisions made by the legislature since 1969 strongly suggest that the legislature intended to strengthen the notice requirement of the act. Crim. At the time of this offense, Appellant was on parole for a murder he committed in 1984. Judge Hayes, acting pursuant to such order, executed a quit-claim deed to Tyler Pipe on October 9, 1981, quit-claiming to Tyler Pipe "all the undivided rights, titles, and interest of Smith County and the public" in a portion of County Road 431 which consisted of a tract some 80 feet in width and 1,825 feet in length, containing an area of approximately 3.35 acres. The information obtained from our searches is not to be used for any unlawful purposes. Columbiana No. Clewis v. State, 922 S.W.2d 126, 133 (Tex. Smith County District Court. District 7 is a district court in Smith County. For example, if you or your spouse would like to get back to using the maiden name, you will have to file an Order with a request to restore it. If there is a chance you can come to an agreement or you have already reached it, here are some of the Smith County divorce papers you may need: Note that the forms you require will vary depending on what you would want a court to do and the family circumstances. Under the record I find no merit in appellants' point seven. %PDF-1.6 % Call, or visit the court's website if listed above. Additionally, Landowners sought cancellation of said deed, and a permanent injunction, enjoining the county from closing such road segment, and enjoining Tyler Pipe from occupying or obstructing the same. The new County Road and Bridge Act, effective September 1, 1983, Article 6702-1, Section 2.002 (court authority) provides: The record discloses, and the plat set out herein demonstrates, that art. In Ex parte San Migel, 973 S.W.2d 310 (Tex. The weight of authority seems to be that substantial compliance with the Open Meetings Act is sufficient. Smith County, TX Home Menu. Crim. 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. 1986); Ward, 523 S.W.2d at 682; Phillips v. State, 488 S.W.2d 97, 99 (Tex. 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. Services are provided and admissions/referrals are made without regard to race, color, religious creed, ancestry, gender, sexual orientation, disability, age or national origin. 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. App. Recordsfinder.com for any unlawful purposes, and you understand that we cannot confirm that information provided Again, the San Antonio Court in its much cited opinion in Toyah ISD v. Pecos-Barstow ISD, 466 S.W.2d 377 (Tex.Civ.App.-San Antonio 1971, no writ), held that governmental bodies must substantially comply with the mandatory provisions of Section 3A of the Open Meetings Act. We do not practice law and cannot provide any legal advice. 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." Code Crim. . 2000). Toyah ISD v. Pecos-Barstow ISD, supra. In the original act, Section 3A(f) merely required, "Notice of a meeting must be posted for at least the three days preceding the day of the meeting." I respectfully dissent from the opinion of the majority. Crim. Texas is one of 43 states that hold elections for judicial positions. A freeholders' petition to close a portion of Jim Hogg road dated August 3, 1981, and signed by some 39 persons was filed with the County Clerk and it was presented to the Commissioners Court. The Public Access to Court Records (PACER). NO. 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. 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. In McConnell v. Alamo Heights Independent School District, 576 S.W.2d 470, 474 (Tex.Civ.App.-San Antonio 1978, writ ref'd n.r.e. 2524-1 (Vernon 1965). (Supp. Texas Statutory Probate Courts Use tab to navigate through the menu items. There were two shortened straws, commonly used to snort cocaine, in Appellant's vehicle. However, Judge Hayes candidly admitted that public access to the first floor of the courthouse through the Sheriff's office has been limited on weekends. (Vernon 1960), provided (until repealed, effective September 1, 1983): All articles cited are Texas Revised Civil Statutes unless otherwise noted. The Lipscomb court was dealing with the original version of Subsection (f) of art. May 9, 1985. Click here to contact our editorial staff, and click here to report an error. Phone: 903-590-1660.

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