Standley v. Sansom

367 S.W.3d 343, 2012 WL 833670, 2012 Tex. App. LEXIS 1758
CourtCourt of Appeals of Texas
DecidedMarch 7, 2012
DocketNo. 04-11-00034-CV
StatusPublished
Cited by11 cases

This text of 367 S.W.3d 343 (Standley v. Sansom) 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
Standley v. Sansom, 367 S.W.3d 343, 2012 WL 833670, 2012 Tex. App. LEXIS 1758 (Tex. Ct. App. 2012).

Opinion

OPINION

Opinion by: KAREN ANGELINI, Justice.

Former Real County constable Bethel Standley, appellant, sued the county judge, W.B. Sansom, and other county officials, (hereinafter referred to as “the county,”) for trespass to try title to the office of constable, and for salary and benefits of the office of constable. Standley also sued for violations of the Texas Open Meetings Act. A jury found Standley had automatically resigned from the office of constable, and the trial court rendered judgment that Standley take-nothing. On appeal, Stand-ley complains about the trial court’s refusal to give certain instructions and definitions to the jury, and the sufficiency of the evidence to support the verdict. Standley also complains about the summary judgment rulings on his Texas Open Meetings Act claims. We affirm the trial court’s judgment.

Background

Article XVI, section 65(b) of the Texas Constitution, which applies to the office of constable, provides:

If any of the officers named herein shall announce their candidacy, or shall in fact become a candidate, in any General, Special or Primary Election, for any office of profit or trust under the laws of this State or the United States other than the office then held, at any time when the unexpired term of the office then held shall exceed one (1) year, such announcement or such candidacy shall constitute an automatic resignation of the office then held, and the vacancy thereby created shall be filled pursuant to law in the same manner as other vacancies for such office are filled.

Tex. Const, art. XVI, § 65(b) (emphasis added).1

In late 2007, while he still had more than one year to serve on his term as constable, Standley decided to run for Real County sheriff. The county concluded Standley had automatically resigned from the office of constable under article XVI, § 65(b) of the Texas Constitution, commonly known [347]*347as the “resign to run” provision. In April 2008, the county met in a closed session meeting and appointed a replacement for Standley.

In October 2008, Standley filed the underlying lawsuit, alleging he did not automatically resign from the office of constable under article XVI, section 65(b) of the Texas Constitution. In addition, Standley alleged the county violated the announcement requirements of the Texas Open Meetings Act when it met in closed meetings in January 2008 and April 2008 and discussed the appointment of a replacement for Standley. The parties filed cross-motions for summary judgment on the Texas Open Meetings Act claims. Concluding the county did not violate the Texas Open Meetings Act, the trial court granted the county’s summary judgment motion, and denied Standley’s summary judgment motion.

The issue of Standley’s automatic resignation was tried to a jury. At trial, the evidence showed the following. Standley stipulated he told a dozen people in the county that he was running for sheriff while more than one year remained on his unexpired term. Many of the conversations took place in public settings. The conversations were not confidential. One of the people Standley told he was running for sheriff was the editor of the local newspaper. Standley’s conversation with the newspaper editor was “on the record.” In addition, Standley completed a primary ballot application for the office of sheriff and wrote a check for the filing fee, and delivered these items to the party chairman while more than one year remained in his unexpired term.

In question number one of the charge, the jury was asked, “Did Bethel Standley announce his candidacy for Real County Sheriff prior to January 1, 2008?” In question number two of the charge, the jury was asked, “Did Bethel Standley in fact become a candidate in the election for Real County Sheriff prior to January 1, 2008?” The jury answered “yes” to both questions. In accordance with the jury’s verdict, the trial court rendered judgment that Standley take nothing.

Thereafter, Standley filed a motion for judgment notwithstanding the verdict and a motion for new trial. Both motions were denied. This appeal ensued.

Discussion

Article XVI, section 65(b) of the Texas Constitution establishes two grounds for automatic resignation: (1) announcing candidacy, and (2) in fact becoming a candidate. See id. In this case, the jury found both grounds for automatic resignation, and the trial court’s judgment is based on both of these findings. Thus, if we uphold either ground, we must affirm the judgment.

On appeal, Standley raises complaints as to both grounds; however, we find it necessary to address only Standley’s complaints about whether he announced his candidacy. See Tex.R.App. P. 47.1 (requiring appellate court opinions to be as brief as practicable while addressing every issue raised and necessary to final disposition of the appeal).

Jury Instructions and Defínitions

Standley complains the trial judge erred in instructing the jury that the county was required to prove he automatically resigned by a preponderance of the evidence, rather than by clear and convincing evidence. Standley further complains the trial court erred in not defining the word “announce” in the charge. In support of this argument, Standley points to the fact that the jury sent a note asking for a [348]*348dictionary so it could obtain a definition of the term “announce.”2

1. Refusal of Instruction on Standard of Proof

As a preliminary matter, the county argues Standley waived this complaint because he did not object to the portion of the charge instructing the jury on the preponderance of the evidence standard. We disagree. In State Dep’t of Highways & Pub. Transp. v. Payne, the Texas Supreme Court stated,

There should be but one test for determining if a party has preserved error in the jury charge, and that is whether the party made the trial court aware of the complaint, timely and plainly, and obtained a ruling. The more specific requirements of the rules should be applied, while they remain, to serve rather than defeat this principle. In this case, the State clearly met this test.

838 S.W.2d 235 (Tex.1992).

Here, the record demonstrates the trial court was made aware of Standley’s precise complaint—that he wanted the jury instructed to apply the clear and convincing standard of proof rather than the preponderance of the evidence standard of proof—-and made a ruling on it. At the charge conference, the trial court first asked the county if it had any objections to the proposed charge. The county made an objection which was overruled by the trial court. The trial court then stated, “I’ve been presented by Plaintiffs Counsel a proposed instruction on using clear and convincing evidence instead of preponderance of the evidence, and I’m going to reject that request, and I have signed that rejection and placed it in the file.” (emphasis added). Thus, the trial judge understood that Standley was objecting to the preponderance of the evidence instruction in the charge, and ruled on this complaint. We hold Standley’s complaint about the proper standard of proof is preserved for appellate review.

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367 S.W.3d 343, 2012 WL 833670, 2012 Tex. App. LEXIS 1758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/standley-v-sansom-texapp-2012.