Northwest Independent School District v. Carroll Independent School District ( 2014 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-10-00105-CV
Northwest Independent School § From the 141st District Court
District
§ of Tarrant County (141-210251-05)
§ June 19, 2014
v. § Opinion by Chief Justice Livingston
§ Concurrence and Dissent by Justice
Dauphinot
§
Concurrence and Dissent by Justice
Carroll Independent School District § Gardner
JUDGMENT
Having granted appellee Carroll Independent School District’s motion for
en banc reconsideration, we withdraw our prior judgment of February 16, 2012
and substitute the following.
This court has considered the record on appeal in this case and holds that
there was error in part of the trial court’s order. We affirm the trial court’s denial
of appellant Northwest Independent School District’s plea to the jurisdiction to the
limited extent that appellee Carroll Independent School District seeks a
declaratory judgment regarding the meaning of the orders and judgments
creating the actual boundary location between the two school districts. We
reverse the trial court’s order denying appellant’s plea to the jurisdiction to the
extent that appellee seeks to contest and challenge appellant’s 1948 and 1949
elections, and the subsequent orders creating appellant and its boundaries, in an
attempt to move the existing boundary between the two districts. We remand the
case to the trial court for further proceedings on appellee’s declaratory judgment
claim.
It is further ordered that each party shall pay its own costs of this appeal,
for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Terrie Livingston
Chief Justice Terrie Livingston