Thiel v. Oaks, 1392

Decision Date03 March 1976
Docket NumberNo. 1392,1392
Citation535 S.W.2d 1
PartiesDonald A. THIEL, Appellant, v. Steven OAKS et al., Appellees. (14th Dist.)
CourtTexas Court of Appeals

Donald A. Thiel, pro se, Michael Anthony Maness, Jefferson, Maness, Valdes & Mims, Houston, for appellant.

Steven Oaks, pro se.

CIRE, Justice.

This is an appeal from a denial of a temporary injunction. Appellant Donald Thiel petitioned the district court to enjoin appellees, Steven Oaks as Chairman of the Harris County Democratic Executive Committee and the Harris County Democratic Executive Committee, from placing the name of Paul Lawrence on the ballot as a candidate for the Democratic Party nomination for the office of State Representative for District 90.

The relevant facts have been stipulated by both parties. Appellant has duly and timely filed his application and filing fee and is a qualified candidate for the Democratic nomination for the office of State Representative, District 90. Paul Lawrence filed his application by certified mail, correctly addressed to appellee and mailed at 5:54 P.M. on Monday, February 2, 1976. The application was received by the Harris County Democratic Executive Committee on February 3, 1976.

Appellant petitioned for temporary injunction on the ground that Lawrence's application was not timely filed according to the procedure specified in Tex.Election Code Ann. art. 13.12 sections 2, 2b (Supp. 1975--76).

Although we tend to agree with appellant's interpretation of the law, we find that the district court, and this court on appeal, are without jurisdiction to grant the injunction prayed for. Elections are political matters, and the courts may take jurisdiction of political matters only if the law has specifically granted such authority. Lund v. Alanis, 381 S.W.2d 955, 956 (Tex.Civ.App.--San Antonio 1964, no writ). Although the Election Code specifically grants jurisdiction to the courts to decide election contests and to grant injunctions in some matters relating to elections, there is no grant of authority to enjoin inclusion of a candidate on the primary ballot for the reasons alleged here.

Appellant contends that he may receive such relief under the general injunction statute, Tex.Rev.Civ.Stat.Ann. art. 4642. In order to invoke the courts' jurisdiction, however, appellant must show a justiciable interest in the subject matter of this litigation: he must show a special injury particular to himself. Holland v. Taylor, 153 Tex. 433, 270 S.W.2d 219 (1954).

Appellant, having filed his application in accordance with the law, has a particular interest in his name being included on the primary ballot. However, his interest in seeing that unqualified candidates are not included on the...

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3 cases
  • Johnson v. Williams, 02-19-00089-CV
    • United States
    • Texas Court of Appeals
    • 27 d3 Novembro d3 2019
    ...matters, and the courts may take jurisdiction of political matters only if the law has specifically granted such authority." Thiel v. Oaks, 535 S.W.2d 1, 2 (Tex. App.—Houston [14th Dist.] 1976, no writ) (citing Lund v. Alanis, 381 S.W.2d 955, 956 (Tex. App.—San Antonio 1964) (per curiam), w......
  • Blum v. Lanier
    • United States
    • Texas Court of Appeals
    • 26 d3 Novembro d3 1997
    ...public. See id.; Precision Sheet Metal Mfg. Co., Inc. v. Yates, 794 S.W.2d 545, 551-52 (Tex.App.-Dallas 1990, writ denied); Thiel v. Oaks, 535 S.W.2d 1, 2 (Tex.Civ.App.-Houston [14th Dist.] 1976, no writ); Allen v. Fisher, 118 Tex. 38, 9 S.W.2d 731, 732 (1928). When the plaintiff, as a priv......
  • American Nazi Party v. Zindler, 1801
    • United States
    • Texas Court of Appeals
    • 18 d3 Janeiro d3 1978
    ...he must show a justiciable interest in the subject matter of this litigation; he must show a special injury peculiar to himself. Thiel v. Oaks, 535 S.W.2d 1, 2 (Tex.Civ.App. Houston (14th Dist.) 1976, no writ). This is a traditional requirement of courts of equity which has been established......

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