Narmah v. Waller Independent School District

257 S.W.3d 267, 2008 Tex. App. LEXIS 2220, 2008 WL 863963
CourtCourt of Appeals of Texas
DecidedMarch 25, 2008
Docket01-08-00172-CV
StatusPublished
Cited by12 cases

This text of 257 S.W.3d 267 (Narmah v. Waller Independent School District) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Narmah v. Waller Independent School District, 257 S.W.3d 267, 2008 Tex. App. LEXIS 2220, 2008 WL 863963 (Tex. Ct. App. 2008).

Opinion

OPINION

TIM TAFT, Justice.

This is a restricted appeal from a final declaratory judgment in a bond-validation suit. Appellee, Waller Independent School District (“WISD”), has moved to dismiss the restricted appeal of appellant, David Narmah. Both parties have fully briefed the jurisdictional issue. Concluding that Narmah may not take a restricted appeal from a judgment in this type of suit, we grant WISD’s motion and dismiss the appeal. See Tex.R.App. P. 42.3(a).

Background

On March 13, 2008, this Court granted WISD’s unopposed motion to consider, as the record in this appeal, the record from a related appeal, Charleston v. Waller Independent School District, which arose from the same suit, trial, and judgment. See 244 S.W.3d 555 (Tex.App.-Houston [1st Dist.] 2007, no pet.). Because most of the appellate record in both appeals is thus identical, we take some of the background facts from the Charleston opinion, indicating by citation when we have done so.

As we noted in Charleston:

*269 On May 12, 2007, WISD voters approved the sale of school bonds valued at $49.29 million for the “construction of a new elementary school, conversion of Waller Junior High and Schultz Middle School to 6-8 grade campuses, addition of office space for technology, renovation on all seven existing campuses, technology improvements, purchase [of] school buses, and the construction [of] a new District stadium.”

Id. at 557. Dewayne Charleston, a Waller County taxpayer, sued WISD in Harris County to invalidate the bonds for various reasons. See id. On August 20, 2007, WISD filed, in Waller County, the underlying public-securities declaratory-judgment suit that is common both to this appeal and the Charleston appeal. See id. at 558. Charleston intervened in WISD’s Waller County suit, which was tried on September 24, 2007. See id. On October 2, 2007, the trial court rendered judgment for WISD, declaring, among other things, that WISD was authorized to issue the securities; that the securities, when issued and executed as required by law, would be lawful, valid, and binding; that the court had confirmed and approved the securities; that the May 12, 2007 special election was legally and validly held; that the judgment was binding and conclusive on all class members, the Attorney General, the Comptroller, and “all other interested parties”; and that the judgment was a permanent injunction against future challenges to matters that were or could have been determined therein.

Charleston was eventually dismissed from the suit for failure to have filed a security bond. See Tex. Gov’t Code Ann. § 1205.104(a) (Vernon 2000). Charleston’s appeal to this Court is not relevant to the instant appeal except to render understandable an alternative argument of WISD’s that is mentioned below. What is relevant to the instant appeal is that, on January 7, 2008 — just over three months after the final judgment was signed — Nar-mah, another taxpayer in Waller County, filed a notice of restricted appeal to the Texas Supreme Court, invoking the appellate provision of chapter 1205 of the Texas Government Code (“the Act”), 1 which chapter concerns public-security declaratory-judgment actions. See Tex Gov’t Code Ann. § 1205.068(b) (Vernon 2000) (“A party may take a direct appeal to the supreme court as provided by [Texas Government Code] Section 22.001(c).”); id. § 22.001(c) (Vernon 2004) (“An appeal may be taken directly to the supreme court from an order of a trial court granting or denying an interlocutory or permanent injunction on the ground of the constitutionality of a statute of this state.”).

In early March 2008, however, Narmah filed a request with the supreme court to dismiss his notice of appeal, explaining as follows:

Mr. Narmah did not intend to file a regular appeal, but instead intended to file a restricted appeal from the trial court pursuant to Rules 30 and 57 of the Texas Rules of Appellate Procedure, and a restricted appeal from the Court of Appeals pursuant to Rule 30 of the same rules. Under Rule 26.1(c), a party filing a restricted appeal must submit the notice of appeal “within six months after the judgment or order is signed.” Mr. Narmah filed his notice of appeal within the six-month limit_
Upon review of Mitchell v. Purolator Security, Inc., however, Mr. Narmah has concluded that it is unclear whether this court has jurisdiction to hear his claims on direct appeal. 515 S.W.2d 101, 104 (Tex.1974) (direct appeal dis *270 missed because injunction was not granted on constitutional grounds). On the other hand, Mr. Narmah may clearly file a restricted appeal to the Court of Appeals. Accordingly, he intends to file such a restricted appeal with the Court of Appeals not later than this week. Mr. Narmah therefore wishes to withdraw his Notice of Appeal to this Court and asks that the matter be dismissed.

Within days, Narmah filed a notice of appeal in the trial court, for appeal to the court of appeals, expressly reciting both that his was a “restricted appeal ... filed within six months after the judgment in this case was signed” and that “[pjursuant to Section 1205.068(e) of the Texas Government Code [the appeal provision of Act], this appeal is governed by the rules of the Texas Supreme court for accelerated appeals in civil cases.” Narmah’s appeal was assigned to this Court. On March 11, 2008, Narmah filed an amended notice of appeal that removed any reference to the Act, reciting that he “wishes to clarify that this is a restricted appeal filed pursuant to Rule 30, and to further clarify that this appeal is not filed under Chapter 1205 of the Texas Government Code.” (Emphasis in original.)

In his appellant’s brief, Narmah complains that (1) “the trial court and this Court lacked personal jurisdiction over [Narmah] (and most other parties), therefore the orders, judgments, and mandate are void”; 2 (2) “State courts lack jurisdiction to enjoin parties from pursuing in personam claims in federal court, therefore the orders of the trial court are void”; (3) “Because [WISD] did not properly provide notice of its board of trustees meetings to the county clerk, as required by the Texas Open Meetings Act, the board’s votes approving the bond election and the sale of the bonds should be voided”; and (4) “the trial court’s judgment ordering the Attorney General to approve the bond was in error.”

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257 S.W.3d 267, 2008 Tex. App. LEXIS 2220, 2008 WL 863963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/narmah-v-waller-independent-school-district-texapp-2008.