Court Name: 7th District Court. There is no evidence of lack of access nor of hardship by any landowner or traveler. Give a copy of the paperwork you filed to your spouse. below is accurate or complete. 367 1, 1975 Tex.Gen Laws 968 (present wording). App. Russell received a B.A. App. Beaumont 1981, writ ref'd n.r.e. 1951), only the cause number and the county in which the conviction occurred are included in the judgment. See Stelzer v. Huddleston, 526 S.W.2d 710, 713 (Tex.Civ.App.-Tyler 1975, writ dism'd). The Supreme Court on January 30, 1985, decided on Holloway v. County of Matagorda, 686 S.W.2d 101 (Tex. We review the evidence weighed by the jury that tends to prove the existence of the elemental fact in dispute and compare it with the evidence that tends to disprove that fact. The judge will review it to decide whether your financial situation is dire enough to grant relief. The petition was dated August 3, 1981, and bore the signatures of thirty-nine individuals at the time it was posted in apparent conformity with the requirements of former art. courts, city and town halls, and other public and private sources. 2008 2023 PeopleConnect, Inc. All Rights Reserved. 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. Upon questioning, Lackey told the officers that Appellant had put his hand in her pocket and was touching her. F21-1455Z . Links to District Court Electronic Case Files. THE STATE OF TEXAS, APPELLEE Court is held at Smith County Courthouse, 100 N Broadway. 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. ch. 007-0375-18) THIS CAUSE came to be heard on the appellate record and the briefs filed herein, and the same being considered, because it is the opinion of this court that the judgment of the court below should be modified and as modified, affirmed. THE STATE OF TEXAS, APPELLEE Crim. . District Court Judges + 7th District Court; 114th District Court; 241st District Court; 321st District Court; 475th District Court; District Attorney + Civil Division; Hot Checks; . If a commissioners court does not have authority to re-route a short segment of a road, when such action does not deny any landowner the same access for travel as before, then the statutes above quoted are meaningless. Toyah ISD v. Pecos-Barstow ISD, supra. Accordingly, we overrule Appellant's first issue. The information on this website is taken from records made available by state and local law enforcement departments, 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. The officers removed Lackey from the patrol car and requested another patrol car to help in transportation. on reh'g); Ward v. State, 523 S.W.2d 681, 682 (Tex. Texas Revised Civil Statutes art. We cannot guarantee that the information you receive through endstream endobj 184 0 obj <. 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. District Court Administrator: Judge D. Scott Smith Lynn Ansley. In his first issue, Appellant complains that the evidence is not legally sufficient to support the verdict. Burden v. State, 55 S.W.3d 608, 613 (Tex. V. JUDICIAL DISTRICT COURT OF . The District Clerk is the Administrator of the Smith County Jury System. County also contends that in cases involving the notice requirements of the Open Meetings Act, such requirements are met when there is substantial compliance. 6252-17, Sec. 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. If youre not sure which court youre looking for, learn more about the Texas court system. The trial court granted the appellee's motion for summary judgment. 208 0 obj <>stream "Substantial compliance," with the notice provisions of the Open Meetings Act, has been held to mean "compliance with the essential requirements" thereof. For more information on which types of cases each court oversees, compare Texas courts. Get free summaries of new Texas Court of Appeals, Twelfth District opinions delivered to your inbox! I would hold that the posting of the notice for 72 hours before the meeting of the Commissioners Court of Smith County, together with the freeholders' petition which was posted for twenty-one days in three public places, two in the vicinity of the road to be closed, was substantial compliance with the Open Meetings Act and not against the great weight and preponderance of the evidence. FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO IN RE: M.G. If any of these apply to you, contact the court to verify they observe the exemption. Officers executing a warrant at Johnson's address found a rifle and drugs. The elections are closed, however, in that voters may not participate in the proceedings (a runoff primary or a convention) of another party thereafter. The tape showed Lackey making a number of movements in the car while the officers were still talking with Appellant. 2000). Phone: 903-590-1660. 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. art. Conducting a search on Recordsfinder.com is subject to our. The minutes of the Commissioners Court of the meeting of August 3, 1981, indicate that a request for a public hearing for the purpose of closing a portion of County Road # 431 as noted on attached plat was item 5 on the regular agenda. We reverse and render in part, and reverse and remand with instructions in part. In issue three, Appellant argues that the cumulation order contained within the judgment is void for lack of specificity. Make your practice more effective and efficient with Casetexts legal research suite. 7th District Court Smith County, Texas State v. Josue Talavera Engaging in Organized Criminal Activity First Degree Felony Drug Conspiracy Reduced to State Jail Felony Deferred Adjudication Money Laundering 114th District Court Smith County, Texas State v. Jon Doe Assault on Peace Officer 402nd District Court Wood County, Texas You must review and accept our Terms of Service and Privacy Policy before using our App. Judge Name: Judge Kerry L. Russell. We do not originate, create, or control that information, and we cannot guarantee App. DINARIO JONES, APPEAL FROM THE SEVENTH . A legal sufficiency of the evidence review calls upon the reviewing court to view the relevant evidence in the light most favorable to the verdict and determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. App.-Texarkana 2000), pet. 42.08(a) (Vernon Supp. You understand that any search reports offered from this website will only be generated with the purchase of the report services. by the Fair Credit Reporting Act (FCRA). The "Regular Agenda," item eight, on that notice reads: "Conduct public hearing on closing a portion of the Jim Hogg Road (County Rd. 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 court, in an opinion written after the effective date of the 1975 amendment of Sec. any information gathered through Recordsfinder.com for any purpose under the FCRA, including but not limited to 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. Also, review of the legal sufficiency of the evidence does not involve any weighing of favorable and non-favorable evidence. The standard is the same in both direct and circumstantial evidence cases. at 711-712.2 2 The District Court also denied motions to dismiss the complaints on various grounds. Neither Compton v. Thacker, nor the Moore case are applicable to the facts presented here. 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. NO. Land contract forfeitures. The Public Access to Court Records (PACER). The court address is 100 N Broadway, #204, Tyler TX 75702. . 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. 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. ), the court applied the substantial compliance rule to the notice requirements of the Open Meetings Act as did that court in Santos v. Guerra, 570 S.W.2d 437, 439 (Tex.Civ.App.-San Antonio 1978, writ ref'd n.r.e.). Click here to contact us for media inquiries, and please donate here to support our continued expansion. On Appeal from the 7th District Court Smith County, Texas Trial Court No. 1996). George Thornton, Joe Davenport and Glenn Ellerd, plaintiffs/appellants (Landowners), appeal from a take-nothing judgment . Article 6703 and the new article 6702-1, Sec. 1985). California Privacy Notice: If you are a California resident, you have the right to know what personal information we collect, the purposes for which we use it, and your options to opt out of its sale. We sustain Landowners' seventh point. 6705, which read: Acts 1884, 18th Leg. Please note that OnlineDivorceTexas is a self-help service. Id. Signing the forms right after you are done filling them in might not be the best option. 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. The August 24th order closed a segment of County Road 431. District 7 is a district court in Smith County. The Texas trial court system consists of District Courts, Criminal District Court, Constitutional County Courts, County Courts at Law, Statutory Probate Courts, Justice Courts, and Municipal Courts. Cloudflare Ray ID: 7c09b5166aa242e4 97, 292 S.W.2d 324, 328 (1956); Mobil Oil Corp. v. Matagorda County Drainage District, 597 S.W.2d 910, 911-912 (Tex. search reports. Performance & security by Cloudflare. ch. He served as district associate judge from 2012 until his appointment to district court judge. The undisputed evidence before us reflects that the Smith County Courthouse is closed on Saturdays and Sundays. 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.". Finally, the District Court found that Respondents had demonstrated a strong likelihood of irreparable injury and substantial harm to the public interest, and therefore granted the requested injunctions. 1972). 288 1, 1983 Tex.Gen Laws 1431, 1433. . 1985), popularly known as the Open Meetings Act. The officers searched Appellant's car and found shortened straws. 1963) (order contained only the date and the court of the prior conviction). 201 0 obj <>/Filter/FlateDecode/ID[<879144A5D11E954D810B1A0C214E2285>]/Index[183 26]/Info 182 0 R/Length 93/Prev 226509/Root 184 0 R/Size 209/Type/XRef/W[1 3 1]>>stream No legal advice is offered here and this site is not an alternative to competent legal counsel. OHIO FIRST DISTRICT COURT OF APPEALS 15 {52} In place of actual evidence, JFS invited the inference that, . Subsection (h) reads in pertinent part: See Scott v. Graham, 156 Tex. 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. Visit our Links Page for websites providing Employment Listings, as well as US Government holiday closings. 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. At the time of this offense, Appellant was on parole for a murder he committed in 1984. Local Smith County Rules of Civil Trial - Judicial District Courts and County Courts at Law - Smith County, Texas. 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.
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