Maverick County v. Ethelvina I. Felan

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.

1

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.

2

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

3

Maverick County v. Felan000003
Maverick County v. Felan000004
Maverick County v. Felan000005
Maverick County v. Felan000006
Maverick County v. Felan000007
Maverick County v. Felan000008
Maverick County v. Felan000009