Opinion

In Re Donald Ray LEE, Latricia Doyal, Paulette Savage and Jonathan Chase

  • 412 S.W.3d 23
  • 2013 Tex. App. LEXIS 2044
  • 2013 WL 812048
Court
Texas Court of Appeals, 3rd District (Austin)
Filed
Feb 28, 2013
Status
Published
Author
Goodwin
On the bench
Jones, Goodwin, Field
Cited by
5 cases
Authority
More cited than 11.8%

requiring city council to order recall election, "subject to stay by a court of competent jurisdiction”

How later courts described this case

  • requiring city council to order recall election, "subject to stay by a court of competent jurisdiction”

Written by the judges who cited it.

The opinion

MELISSA GOODWIN,

Justice, dissenting.

I respectfully dissent. The majority concludes that “the language of section 9.04 is ambiguous, at best, concerning what review, if any, the Secretary can perform with regard to the sufficiency of the petition beyond verifying the number of signatures of qualified voters.” Given the majority’s conclusion of ambiguity, I am hard pressed to conclude that the Secretary or the members of the City Council failed to perform a ministerial act that is subject to mandamus by this Court under the confines of our standard of review. See Walker v. Packer, 827 S.W.2d 833, 839 (1992) (mandamus available to compel a public official to perform ministerial act); Anderson v. City of Seven Points, 806 S.W.2d 791, 793 (Tex.1991) (stating that “[a]ct is ministerial when the law clearly spells out the duty to be performed by the official with sufficient specificity that nothing is left to the exercise of discretion”). I would accordingly deny the petition.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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