Maverick County v. Ethelvina I. Felan ( 2017 )

ACCEPTED
04-17-00393-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
11/1/2017 10:03 AM
CAUSE NO. 04-17-00393-CV
FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
IN THE COURT OF APPEALS
11/01/17 10:03:12 AM
FOR THE FOURTH JUDICIAL DISTRICT KEITH E. HOTTLE
SAN ANTONIO, TEXAS CLERK
MAVERICK COUNTY, et al.,
Appellant
v.
ETHELVINA I. FELAN
Appellees
On Appeal from Cause 17-02-33970-MCV; In the 293rd Judicial District Court
Of Maverick County, Texas
APPENDIX OF APPEALLANT
SÁNCHEZ & WILSON, P.L.L.C.
ROBERT W. WILSON, ESQ.
STATE BAR NO. 00794868
rww@sanchezwilson.com
(210) 222-8899 (Telephone)
(210) 222-9526 (Telecopier)
ATTORNEYS FOR APPELLANT
Page 1 of 3
IDENTITY OF PARTIES AND COUNSEL
Maverick County, et. al, Appellant
SÁNCHEZ & WILSON, P.L.L.C.
Robert W. Wilson, Esq.,
Mark Anthony Sanchez, Esq.
Counsel For Appellants
6243 IH-10 West, Ste. 1025
San Antonio, Texas 78201
(210) 222-8899 (Telephone)
(210) 222-9526 (Telecopier)
LUIS R. VERA & ASSOCIATES
Luis R. Vera, Esq.
Counsel For Appellants
1325 Riverview Towers Bld.
111 Soledad St.
San Antonio, Texas 78205
210-225-3300 Telephone
210-225-2060 Telecopier
Ethelvina I. Felan, Appellee
NAJVAR LAW FIRM, PLLC
Jerad Wayne Najvar, Counsel for Appellee
Andrew Patchan, Counsel for Appellee
2180 North Loop West, Suite 255
Houston, Texas 77018
(281) 404-4696 (Telephone)
(281) 582-4138 (Telecopier)
/s/ ROBERT W. WILSON
ROBERT W. WILSON
STATE BAR NO. 00794868
Counsel of Record for Appellant
Page 2 of 3
Respectfully submitted,
Sanchez &Wilson, PLLC
6243 IH-10 West, Ste. 1025
San Antonio, Texas 78201
Telephone: 210-222-8899
Telecopier: 210-222-9526
By: /s/ ROBERT W. WILSON
Robert W. Wilson
State Bar No: 00794868
rww@sanchezwilson.com
Attorneys for Appellant
APPENDIX OF APPEALLANT
Appellant filed their Brief on September 18, 2017. Appellant failed to
file the Appendix pursuant to TRAP 38.1(l). Appellant includes the following as the
appendix to Appellant’s Brief.
APPENDIX
1. FINAL JUDGMENT
2. TEX. TAX CODE §26.04 (Vernon 2016)
3. TIME LINE OF EVENTS
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the above and
foregoing Brief for Appellant has been delivered via telecopier transmission only to
Jared Najvar and Andrew Patchan, Najvar Law Firm, PLLC,2180 North Loop West
255, Houston, Texas 77018 on this the 1st day of November 2017.
/s/ ROBERT W. WILSON
Robert W. Wilson
Page 3 of 3
Electronically Filed at
6/16/2017 2:19:38 PM
Leopoldo Vielma, District Clerk
Maverick County, Texas
By: Monica Gonzalez, Deputy
NO. 17-02-33970-MCV
FILED IN
ETHELVINA FELAN § IN THE
4thDISTRICT
COURT OFCOURT
APPEALS
§ SAN ANTONIO, TEXAS
Plaintiff, § 11/01/17 10:03:12 AM
§ KEITH E. HOTTLE
v. § 293rd JUDICIAL DISTRICT
CLERK
§
MAVERICK COUNTY, DAVID §
SAUCEDO, IN HIS OFFICIAL §
CAPACITY AS MAVERICK COUNTY §
JUDGE; JERRY MORALES, IN HIS § MAVERICK COUNTY, TEXAS
OFFICIAL CAPACITY AS MAVERICK §
COUNTY COMMISSIONER, PCT. 1; §
ROSY CANTU, IN HER OFFICIAL §
CAPACITY AS COUNTY §
COMMISSIONER, PCT. 2; PETE §
VENEGAS, IN HIS OFFICIAL §
CAPACITY AS COUNTY §
COMMISSIONER, PCT. 3; ROBERTO §
RUIZ, IN HIS OFFICIAL CAPACITY AS §
COUNTY COMMISSIONER, PCT. 4; §
and TEODORO ROY SCHMERBER, IN §
HIS OFFICIAL CAPACITY AS §
MAVERICK COUNTY ELECTIONS §
ADMINISTRATOR §
§
Defendants. §
FINAL JUDGMENT
On June 12, 2016, came to be considered the Plaintiff’s Motion for Summary Judgment.
The Court, having considered the Motion and supporting and opposing briefing and the
applicable law cited therein, evidence presented, arguments of counsel, and the pleadings on file
in this case, is of the opinion that Plaintiff’s Motion for Summary Judgment should be
GRANTED.
It is further, ORDERED that any deemed admission is undeemed or withdrawn.
It is further, ORDERED that Defendant’s Plea to the Jurisdiction is denied.
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Maverick County v. Felan000001
Electronically Filed at
6/16/2017 2:19:38 PM
Leopoldo Vielma, District Clerk
Maverick County, Texas
By: Monica Gonzalez, Deputy
It is further, ORDERED that Defendant’s Motion for Summary Judgment is denied.
It is further DECLARED that:
1) On September 12, 2016, the Maverick County Commissioners Court adopted a tax
rate and a rollback rate;
2) Due to a good-faith mistake, those rates were incorrectly calculated;
3) On September 16, 2016, the Maverick County Commissioners Court rescinded
agenda Item 26, which was the adoption of the tax rates;
4) On October 3, 2016, the Maverick County Commissioners Court ratified a property
tax rate of approximately $0.542 per $100 of property evaluation;
5) By calculation and by admission, the correct Rollback Rate for this tax year is
approximately $0.466 per $100 of property value;
6) Plaintiff filed a rollback petition within the time prescribed by law;
7) Within 20 days of receiving the rollback petition, the Maverick County
Commissioner’s Court adopted an order certifying more than enough signatures to
engender a rollback election;
8) The Maverick County Commissioner’s Court failed to order a rollback election
within the time prescribed by statute, which is a purely ministerial act.
Therefore, it is ORDERED that the Clerk of Court shall forthwith issue a Writ of
Mandamus commanding the Maverick County Commissioner’s Court, its agents, employees, and
all persons or entities of any type whatsoever acting in concert with the County, to hold a
rollback election, pursuant to Texas Tax Code §26.07, in not fewer than 30 days or more than 90
days from June 12, 2017.
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Maverick County v. Felan000002
Electronically Filed at
6/16/2017 2:19:38 PM
Leopoldo Vielma, District Clerk
Maverick County, Texas
By: Monica Gonzalez, Deputy
Costs of Court are adjudged against the Defendants. All other relief not ordered in this
final judgment is DENIED.
SIGNED June ___,

 2017
_______________________
Judge W.C. Kirkendall
APPROVED AS TO FORM:
______________________
Robert “Woody” Wilson,
Attorney for Defendants
____________________
Martin Golando,
Attorney Plaintiff
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