in Re City of Floresville and Cecelia Gonzalez-Dippel ( 2016 )


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  •                                                                                                          FILE COPY
    Fourth Court of Appeals
    San Antonio, Texas
    November 19, 2016
    No. 04-16-00757-CV
    IN RE CITY OF FLORESVILLE and Cecelia Gonzalez-Dippel
    Original Mandamus Proceeding1
    ORDER
    Sitting:          Sandee Bryan Marion, Chief Justice
    Karen Angelini, Justice
    Marialyn Barnard, Justice
    On November 19, 2016, relators filed a petition for writ of mandamus. This court is of
    the tentative opinion that relators are entitled to the relief sought. See TEX. R. APP. P. 52.8(b);
    Grant v. Ammerman, 
    437 S.W.2d 547
    , 549 (Tex. 1969) (holding “a writ of mandamus ordering
    the canvass of election returns and declaring the results of the election is a proper remedy”). The
    respondents and the real parties in interest may file a response to the petition in this court
    no later than November 19, 2016, by 5:00 p.m. Any such response must conform to Texas
    Rule of Appellate Procedure 52.4.
    It is so ORDERED on November 19, 2016.
    PER CURIAM
    ATTESTED TO: _____________________________
    Keith E. Hottle, Clerk
    1 This court has jurisdiction pursuant to section 273.061 of the Texas Election Code which authorizes this
    court to issue a writ of mandamus to compel the performance of any duty imposed by law in connection with the
    holding of an election, regardless of whether the person responsible for performing the duty is a public officer. TEX.
    ELEC. CODE ANN. § 273.061 (West 2010).
    

Document Info

Docket Number: 04-16-00757-CV

Filed Date: 11/19/2016

Precedential Status: Precedential

Modified Date: 11/23/2016