Triantaphyllis v. Gamble

• Decision Date: 26 September 2002
• Docket Number: No. 14-02-00403-CV.,14-02-00403-CV.
• Citation: 93 S.W.3d 398
• Parties: Tasso TRIANTAPHYLLIS, Appellant, v. Brent GAMBLE, Appellee.
• Court: Texas Court of Appeals

Page 398

93 S.W.3d 398

Tasso TRIANTAPHYLLIS, Appellant, v. Brent GAMBLE, Appellee.

No. 14-02-00403-CV.

Court of Appeals of Texas, Houston (14th Dist.).

September 26, 2002.

COPYRIGHT MATERIAL OMITTED

E. Dale Robertson, Brownsville, for appellants.

Amy Douhitt Maddux, Stephen G. Tipps, Houston, for appellees.

Panel consists of Justices FOWLER, EDELMAN, and SEYMORE.

OPINION

WANDA McKEE FOWLER, Justice.

In this appeal, appellant, Tasso Triantaphyllis, the Democratic candidate for Judge of the 270th District Court of Harris County, seeks a reversal of the trial court's final judgment and order granting a permanent injunction. The permanent injunction directed Harris County Republican Party officials to extend the filing deadline to accept the corrected application of appellee, Brent Gamble, for the Republican primary election as a candidate for Judge of the 270th District Court, and to confirm that Gamble is the Republican Party nominee for Judge of the 270th District Court on the November general election ballot. We affirm.

Background

The relevant background facts in this case may be found in this Court's opinion conditionally granting mandamus relief to Triantaphyllis. In re Triantaphyllis, 68 S.W.3d 861 (Tex.App.-Houston [14th Dist.] 2002, orig. proceeding). In that original proceeding, this court ordered that Gamble's name be removed from the Republican Party general primary ballot as a candidate for the office of Judge of the 270th District Court because his application was defective. Id. at 869-70. The party officials complied with our directive and removed Gamble's name.

Gamble then filed a petition for writ of mandamus in the Texas Supreme Court. Although the majority opinion disagreed with this court's construction of the Election Code, the Texas Supreme Court denied mandamus relief. In re Gamble, 71 S.W.3d 313 (Tex.2002). The Texas Supreme Court found that equitable remedies may be available under limited circumstances to permit a candidate to amend a defective application after a statutory deadline has expired when an election official has violated a statutory duty. Id. at 318. The determination of a party's entitlement to equitable relief must "be decided after a hearing on the merits where interested parties have an opportunity to be heard." Id. A plurality of the court opined that injunctive relief in this case would be appropriate if the facts Gamble alleged, that the defect in his application was merely a clerical error that party officials should have noticed and called to his attention, were true. Id. The court then explained that Triantaphyllis had a right to contest those facts at a hearing. Id.

Accordingly, on February 20, 2002, Gamble filed a new lawsuit and requested an immediate temporary injunction hearing and an expedited hearing on his request for a permanent injunction. See TEX. ELEC.CODE ANN. § 273.081 ("A person who is being harmed or is in danger of being harmed by a violation or threatened violation of this code is entitled to appropriate injunctive relief to prevent the violation from continuing or occurring.") An evidentiary hearing was held on February 26, 2002. At the conclusion of the hearing, the trial court granted the temporary injunction and set the case for trial on April 15, 2002. Triantaphyllis filed his notice of appeal on March 1, 2002, and the interlocutory appeal was assigned to this Court on March 5, 2002. Triantaphyllis also sought a stay and expedited consideration. The Court denied the stay but granted expedited consideration, hearing oral argument on March 26, 2002. See Triantaphyllis v. Gamble, No. 14-02-00190-CV, 2002 WL 1042076 (Tex.App.-Houston [14th Dist.] May 23, 2002, pet. filed) (not designated for publication).

On April 15, 2002, the trial court held a hearing on Gamble's permanent injunction request. The parties entered into a Rule 11 agreement stipulating that the permanent injunction request would be tried on the basis of the record that was adduced at the temporary injunction hearing.¹ Based upon this record and additional argument of counsel, the trial court granted a permanent injunction allowing Gamble's name to be placed on the general election ballot. The trial court filed findings of fact and conclusions of law in support of the injunction. Triantaphyllis then appealed from the permanent injunction. He requested, and this Court agreed, that the record from the temporary injunction appeal would be transferred to the appeal of the permanent injunction. This Court then dismissed the appeal from the temporary injunction as moot. Triantaphyllis v. Gamble, 2002 WL 1042076.

Standard of Review in an Appeal of a Permanent Injunction

Permanent injunctive relief is appropriate upon a showing of (1) the existence of a wrongful act, (2) the existence of imminent harm, (3) the existence of irreparable injury, and (4) the absence of an adequate remedy at law. Jim Rutherford Invs., Inc. v. Terramar Beach Cmty. Ass'n, 25 S.W.3d 845, 849 (Tex.App.-Houston [14th Dist.] 2000, pet. denied). In addition, a court determining the appropriateness of a permanent injunction should balance the competing equities, including the public interest. See In re Gamble, 71 S.W.3d at 317 (citing Storey v. Central Hide & Rendering Co., 148 Tex. 509, 226 S.W.2d 615, 618-19 (1950)); see also Hitt v. Mabry, 687 S.W.2d 791, 795 (Tex.App.-San Antonio 1985, no writ); Davies v. Unauthorized Practice Committee of State Bar, 431 S.W.2d 590, 595 (Tex.Civ.App.-Tyler 1968, writ ref'd n.r.e.).

In an appeal from a permanent injunction, the standard of review is clear abuse of discretion. Tyra v. City of Houston, 822 S.W.2d 626, 631 (Tex.1991); Harris County Emergency Serv. Dist. No. I. v. Harris County Emergency Corps, 999 S.W.2d 163, 167 (Tex.App.-Houston [14th Dist.] 1999, no pet.). A trial court abuses its discretion by (1) acting arbitrarily and unreasonably, without reference to guiding rules or principles, or (2) misapplying the law to the established facts of the case. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex.1985). The trial court does not abuse its discretion when its decision is based on conflicting evidence and some evidence in the record reasonably supports the trial court's decision. Davis v. Huey, 571 S.W.2d 859, 862 (Tex.1978); SRS Products Co., Inc. v. LG Engineering Co., Ltd., 994 S.W.2d 380, 383 (Tex.App.-Houston [14th Dist.] 1999, no pet.).

In addition, the trial court's findings of fact are reviewed under the same legal and factual sufficiency standards as jury findings. Anderson v. City of Seven Points, 806 S.W.2d 791, 794 (Tex.1991). In a legal sufficiency challenge, the court considers only the evidence and inferences, when viewed in their most favorable light, that tend to support the finding under attack, and disregards all evidence and inferences to the contrary. Davis v. City of San Antonio, 752 S.W.2d 518, 522 (Tex. 1988); Anderson, Greenwood & Co. v. Martin, 44 S.W.3d 200, 217 (Tex.App.-Houston [14th Dist.] 2001, pet. denied). If there is any evidence of probative force to support the finding, the point must be overruled and the finding upheld. Sherman v. First Nat'l Bank, 760 S.W.2d 240, 242 (Tex.1988); In re King's Estate, 150 Tex. 662, 244 S.W.2d 660, 661 (1951).

Did party officials review Gamble's application "as soon as practicable" in compliance with Texas Election Code Section 141.032?

In his first issue, Triantaphyllis argues there is no evidence to support the trial court's finding that the Republican Party failed to discharge its statutory duty to review Judge Gamble's application "as soon as practicable," as required by Texas Election Code Section 141.032(c). The Code provides that the county chair "shall review the application to determine whether it complies with the requirements as to form, content, and procedure that it must satisfy for the candidate's name to be placed on the ballot." TEX. ELEC.CODE ANN. § 141.032(a) (emphasis added). Section 141.032(c), applicable here, provides in relevant part that "[i]f an application is accompanied by a petition, the petition is considered part of the application, and the review shall be completed as soon as practicable after the date the application is received by the authority." TEX. ELEC. CODE ANN. § 141.032(c).

These provisions are designed to provide candidates with the assistance of party officials in complying with the myriad and technical requirements for becoming a party candidate. In re Gamble, 71 S.W.3d at 318 ("[Section 141.032] serves as a safety net for candidates who file their applications early in the filing period, assuring that individuals willing to commit to public service will receive the assistance of party officials in complying with the myriad and technical requirements for becoming a party candidate. There would be no purpose to the duty to notify the prospective candidate of defects in his or her application if the intent was not to allow an opportunity to cure those defects, particularly if the defects can be corrected before the filing deadline."). Thus, as the Texas Supreme Court recognized, "a party official's failure to follow the application review and notice requirements of section 141.032 in a timely manner is ... significant and is a consideration for a court called upon to hear a candidate's claim for equitable relief." Id.

In Harris County, the Republican Party primary director, rather than the party chair, was put in charge of reviewing applications. The stipulated testimony of the primary director, Kathy Haigler, was that she "assumed" that Gamble had correctly listed the office for which she knew he intended to run — Judge of the 270th District Court — and she did not review the application carefully for content. Haigler stated in her affidavit in relevant part as follows:

3. Before December 19, 2001, I knew that Brent Gamble was Judge of the 270th Judicial District Court of Harris County, Texas, and was seeking reelection...