Jordan v. Norman, No. 09-85-180-CV
| Court | Court of Appeals of Texas |
| Writing for the Court | BURGESS |
| Citation | 711 S.W.2d 358 |
| Docket Number | No. 09-85-180-CV |
| Decision Date | 08 May 1986 |
| Parties | 33 Ed. Law Rep. 586 Joe JORDAN, Appellant, v. Eddie NORMAN, Appellee. |
Page 358
v.
Eddie NORMAN, Appellee.
Beaumont.
Michael McGown, Weller, Wheelus & Green, Beaumont, for appellant.
Thomas G. King, Nederland, for appellee.
BURGESS, Justice.
This suit involves the question of who is the proper contestee in a school board trustee election contest. On April 6, 1985, an election for trustee of the Spurger Independent School District, place 4 was held. There was no incumbent on the ballot. The votes were canvassed and it was certified that Eddie Norman had been elected. The results, as canvassed, were: Eddie Norman, 212 votes; Joe Jordan 201 votes; and Johnny Smart 34 votes.
On April 29, 1985, Jordan filed a petition in district court contesting the election results. He contended, among other things, that some votes were cast by non-residents of the district, by individuals not registered to vote and several mail ballots were not
Page 359
properly mailed. Jordan's petition named Norman as the contestee and Norman was served with the petition. Norman filed a plea in abatement alleging the trial court had no jurisdiction because Jordan had failed to give notice of the contest to any member of the school board who had participated in certifying the election results. The trial court sustained the plea, Jordan now appeals with a single point of error.The question before this court is which sections of the Texas Election Code govern this type of election contest. Jordan gave notice under TEX.ELEC.CODE ANN. arts. 9.01, 9.03 (Vernon 1967). These articles state:
Article 9.01--District court, jurisdiction and venue
The district court shall have original and exclusive jurisdiction of all contests of elections, general or special, for all school, municipal, precinct, county, district, state offices, or federal offices, except elections for the offices of Governor, Lieutenant Governor, Comptroller of Public Accounts, Treasurer, Commissioner of the General Land Office, Attorney General, and Members of the Legislature.
Article 9.03--Notice of Contest
Any person intending to contest the election of any one holding a certificate of election for any office mentioned in this law, shall, within thirty (30) days after the return day of election, give him a notice thereof in writing and deliver to him, his agent or attorney, a written statement of the ground on which such contestant relies to sustain such contest. By the 'return day' is meant the day on which the votes cast in said election are counted and the official result thereof declared. Acts 1951, 52nd Leg., p. 1097, ch. 492, art. 131.
Norman's position is that the contest is governed by articles 9.30 and 9.31. These state:
Article 9.30--Other contested elections:
If the contest be for the validity of an election held for any other purpose than the election of an officer or officers in any county or part of...
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Honts v. Shaw, No. 03-98-00217-CV
...Secretary of State under section 232.008(d) is also mandatory and jurisdictional and, therefore, cannot be waived. See Jordan v. Norman, 711 S.W.2d 358, 359 (Tex.App.--Beaumont 1986, no writ); Mitchell v. Carroll Indep. Sch. Dist., 435 S.W.2d 280, 283 (Tex.Civ.App.--Fort Worth 1968, writ di......
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Rodriguez v. Cuellar, No. 04-04-00335-CV (TX 6/23/2004), No. 04-04-00335-CV.
...jurisdiction of the district court. When this court reached its decision in Tiller v. Martinez, the court relied on Jordan v. Norman, 711 S.W.2d 358, 359 (Tex. App.—Beaumont 1986, no writ), as support for the contention that the 30-day limit for filing a petition is jurisdictional and nonwa......
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McCurry v. Lewis, No. 07-07-0427-CV.
...all statutory citations designated only by the word "section" are to Tex. Elec.Code Ann. (Vernon 2003). 3. See Jordan v. Norman, 711 S.W.2d 358, 359 (Tex.App.-Beaumont 1986, no writ) (decided under former Election Code); Mitchell v. Carroll Indep. Sch. Dist., 435 S.W.2d 280, 283 (Tex.Civ.Ap......
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Evans v. Illinois Employers Ins. of Wausau, No. C-8893
...employees made for dual purposes to determine whether or not these trips were made in furtherance of the employers affairs. Eberstein, 711 S.W.2d at 358. The Dallas Court of Appeals found that Dr. Eberstein was not directed by his employer to drive to the golf course initially. The court fo......
-
Honts v. Shaw, No. 03-98-00217-CV
...Secretary of State under section 232.008(d) is also mandatory and jurisdictional and, therefore, cannot be waived. See Jordan v. Norman, 711 S.W.2d 358, 359 (Tex.App.--Beaumont 1986, no writ); Mitchell v. Carroll Indep. Sch. Dist., 435 S.W.2d 280, 283 (Tex.Civ.App.--Fort Worth 1968, writ di......
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Rodriguez v. Cuellar, No. 04-04-00335-CV (TX 6/23/2004), No. 04-04-00335-CV.
...jurisdiction of the district court. When this court reached its decision in Tiller v. Martinez, the court relied on Jordan v. Norman, 711 S.W.2d 358, 359 (Tex. App.—Beaumont 1986, no writ), as support for the contention that the 30-day limit for filing a petition is jurisdictional and nonwa......
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McCurry v. Lewis, No. 07-07-0427-CV.
...all statutory citations designated only by the word "section" are to Tex. Elec.Code Ann. (Vernon 2003). 3. See Jordan v. Norman, 711 S.W.2d 358, 359 (Tex.App.-Beaumont 1986, no writ) (decided under former Election Code); Mitchell v. Carroll Indep. Sch. Dist., 435 S.W.2d 280, 283 (Tex.Civ.Ap......
-
Evans v. Illinois Employers Ins. of Wausau, No. C-8893
...employees made for dual purposes to determine whether or not these trips were made in furtherance of the employers affairs. Eberstein, 711 S.W.2d at 358. The Dallas Court of Appeals found that Dr. Eberstein was not directed by his employer to drive to the golf course initially. The court fo......