State of Texas and Carlos Cascos, in His Official Capacity as Texas Secretary of State v. Lawrence Edward Meyers and Myrtis Evans
This text of State of Texas and Carlos Cascos, in His Official Capacity as Texas Secretary of State v. Lawrence Edward Meyers and Myrtis Evans (State of Texas and Carlos Cascos, in His Official Capacity as Texas Secretary of State v. Lawrence Edward Meyers and Myrtis Evans) 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.
Opinion
Dismiss and Opinion Filed May 11, 2016
Court of Appeals S In The
Fifth District of Texas at Dallas No. 05-15-00965-CV
STATE OF TEXAS AND CARLOS CASCOS, IN HIS OFFICIAL CAPACITY AS TEXAS SECRETARY OF STATE, Appellants V. LAWRENCE EDWARD MEYERS AND MYRTIS EVANS, Appellees
On Appeal from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-14-09939
MEMORANDUM OPINION Before Justices Bridges, Francis, and Myers Opinion by Justice Bridges While appellants’ interlocutory appeal from their plea to the jurisdiction was pending in
this Court, appellees filed a nonsuit. We conclude the nonsuit deprived this Court of jurisdiction.
We dismiss this interlocutory appeal for want of jurisdiction.
Lawrence Edward Meyers1 and Myrtis Evans filed suit against the State of Texas, Carlos
Cascos in his official capacity as Texas Secretary of State, and Toni Pippins-Poole in her official
capacity as Dallas County Elections Administrator. The suit challenged the constitutionality of
the election code provisions requiring an acceptable form of photographic identification before
voting (the Voter ID law). See TEX. ELEC. CODE ANN. §§ 63.001-63.011 (West Supp. 2015).
1 The record shows Meyers is identified as Judge Meyers of the Texas Court of Criminal Appeals. The State, Cascos, and Pippins-Poole filed a plea to the jurisdiction, which the trial court denied,
and then brought an interlocutory appeal.
Following oral argument in this Court, Meyers and Evans filed a nonsuit in the trial court.
The State and Cascos filed a notice advising this Court of the nonsuit. The nonsuit deprived this
Court of jurisdiction. Univ. of Tex. v. Estate of Blackmon, 195 S.W.3d 98, 100-01 (Tex. 2006)
(nonsuit extinguishes case or controversy from “the moment the motion is filed” or oral motion
made in open court).
Accordingly, we dismiss this interlocutory appeal for want of jurisdiction.
/David L. Bridges/ DAVID L. BRIDGES 150965F.P05 JUSTICE
–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT
STATE OF TEXAS AND CARLOS On Appeal from the 134th Judicial District CASCOS, IN HIS OFFICIAL CAPACITY Court, Dallas County, Texas AS TEXAS SECRETARY OF STATE, Trial Court Cause No. DC-14-09939. Appellants Opinion delivered by Justice Bridges. Justices Francis and Myers participating. No. 05-15-00965-CV V.
LAWRENCE EDWARD MEYERS AND MYRTIS EVANS, Appellees
In accordance with this Court’s opinion of this date, the appeal is DISMISSED for want of jurisdiction.
It is ORDERED that each party bear its own costs of this appeal.
Judgment entered May 11, 2016.
–3–
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
State of Texas and Carlos Cascos, in His Official Capacity as Texas Secretary of State v. Lawrence Edward Meyers and Myrtis Evans, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-texas-and-carlos-cascos-in-his-official-capacity-as-texas-texapp-2016.