David Buren Wilson v. Gerry Birnberg and Jerry Eversole

• Court: Court of Appeals of Texas
• Decided: November 4, 2010
• Docket: 14-10-00371-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed November 4, 2010.

In The

Fourteenth Court of Appeals

___________________

NO. 14-10-00371-CV

David BUREN Wilson, Appellant

V.

Gerry Birnberg and Jerry Eversole, Appellees

On Appeal from the 61st District Court

Harris County, Texas

Trial Court Cause No. 2010-04491

MEMORANDUM OPINION

            This is an accelerated interlocutory appeal from an order signed on April 16, 2010 dismissing appellant, David Wilson’s election contest cause of action for lack of jurisdiction.  See Tex. Elec. Code Ann. § 221.003 (Vernon 2010) (district court’s jurisdiction is limited to ascertaining whether the outcome of a contested election is not the true outcome because illegal votes were counted or because an election administrator prevented eligible voters from voting, failed to count legal votes, or engaged in other fraudulent or illegal conduct, or simply made a mistake).

            After this case was submitted, appellant filed a motion to dismiss his appeal.  See Tex. R. App. P. 42.1.  Appellant’s motion is granted.

            Accordingly, appellant’s appeal is ordered dismissed.

                                                                        /s/        John S. Anderson

                                                                                    Justice

Panel consists of Justices Anderson, Frost, and Brown.