Robert Anding and Roberta Anding v. City of Austin, Texas And Ferdinand D. Clervi, Austin Municipal Court Judge

• Court: Court of Appeals of Texas
• Decided: April 29, 2020
• Docket: 03-18-00307-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED APRIL 29, 2020

NO. 03-18-00307-CV

Robert Anding and Roberta Anding, Appellants

v.

City of Austin, Texas; and Ferdinand D. Clervi, Austin Municipal Court Judge, Appellees

APPEAL FROM THE 126TH DISTRICT COURT OF TRAVIS COUNTY BEFORE CHIEF JUSTICE ROSE, JUSTICES TRIANA AND KELLY AFFIRMED IN PART; REVERSED AND REMANDED IN PART -- OPINION BY CHIEF JUSTICE ROSE

This is an appeal from the judgment signed by the trial court on April 30, 2018. Having

reviewed the record and the parties’ arguments, the Court holds that the district court did not err

in denying the Andings’ motion for summary judgment and in granting the City’s motion for

summary judgment. Accordingly, we affirm the district court’s summary judgment in favor of

the City. The Court also holds that the district court did err in sustaining Clervi’s plea to the

jurisdiction. The Court therefore reverses the district court’s order sustaining the plea and

remands the Andings’ mandamus claim against Clervi to the district court for further

proceedings.

Each party shall bear their own costs relating to this appeal, both in this Court and in the court

below.