# York v. State

> Court of Appeals of Texas · September 24, 2009 · 298 S.W.3d 735

URL: https://www.frixlaw.com/law-library/cases/9679727

## Case

- **Full name:** Larry YORK D/B/A York Tank Trucks, Appellant, v. STATE of Texas and Wise County, Texas, Appellees
- **Court:** Court of Appeals of Texas
- **Decided:** September 24, 2009
- **Citations:** 298 S.W.3d 735; 2009 Tex. App. LEXIS 7534; 2009 WL 3078515
- **Precedential status:** Published
- **Opinion:** Dissent by Cayce
- **Judges:** Cayce, Livingston, Walker
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by York v. State, 55 Tex. Sup. Ct. J. 1013 (2012).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9679727

## How later opinions describe it (automated extraction)

- stating that article 47.01a ensures that "vehicles are returned to their rightful owners if those owners can be ascertained" and that article 47.01 a "does not require that ownership be conclusively proved to return property, only that the interested party show a `superior rig…

## Opinion text

JOHN CAYCE, Chief Justice,
dissenting on rehearing.
I respectfully dissent. The majority correctly held that the Justice of the *754 Peace’s judgment, which determined the issue of York’s alleged ownership, was not void on its face and, therefore, that it was not subject to collateral attack. The majority, however, disregards the finality of the Justice of the Peace’s determination on the issue of ownership and erroneously holds that York’s takings claim may proceed. In so holding, the majority has allowed York to do what it held he cannot do — collaterally attack the Justice of the Peace’s judgment.
An essential element of a takings case is that the plaintiff owned the property. 1 The basis of York’s takings claim is that the State of Texas and Wise County wrongfully took his trailer. But, the Justice of the Peace has determined that the trailer was not York’s property. York did not directly appeal this decision. Thus, the Justice of the Peace’s factual determination that York did not own the property became final with respect to any further challenge raised in state court. York’s only available option was to challenge the Justice of the Peace’s finding in bankruptcy court, which he failed to do. He cannot collaterally challenge the Justice of the Peace’s finding in state court.
Because York’s takings claim constitutes an impermissible collateral attack on a final judgment, I dissent. I would affirm the judgment of the trial court dismissing York’s suit for want of jurisdiction.
. Mayhew v. Town of Sunnyvale, 964 S.W.2d 922, 933 (Tex.1998), cert, denied, 526 U.S. 1144 , 119 S.Ct. 2018 , 143 L.Ed.2d 1030 (1999).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9679727. Public record. Not legal advice.