Ted Lazarides, in His Official Capacity v. Grady Farris

Court of Appeals of Texas

Ted Lazarides, in His Official Capacity v. Grady Farris

Court of Appeals of Texas·Decided April 17, 2012·No. 14-11-00404-CV·Published

Opinion

April 17, 2012

JUDGMENT

The Fourteenth Court of Appeals TED LAZARIDES, IN HIS OFFICIAL CAPACITY, Appellant

NO. 14-11-00404-CV V.

GRADY FARRIS, Appellee

This cause, an appeal from the judgment in favor of appellee, Grady Farris, signed April 14, 2011, was heard on the transcript of the record. We have inspected the record and find error in the judgment. We therefore order the judgment of the court below REVERSED and we REMAND appellee Grady Farris’s ultra vires claims to the trial court, as Farris has attempted to allege claims for prospective declaratory and injunctive relief based upon appellant Lazarides’s alleged ultra vires acts, but has not properly pleaded those claims or stated facts sufficient to demonstrate that those claims are ripe or not moot. We REVERSE and RENDER judgment dismissing all remaining official capacity claims against Lazarides for lack of subject-matter jurisdiction.

We order appellee, Grady Farris, jointly and severally, to pay all costs incurred in this appeal. We further order this decision certified below for observance.

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April 17, 2012

JUDGMENT

The Fourteenth Court of Appeals TED LAZARIDES, IN HIS OFFICIAL CAPACITY, Appellant

NO. 14-11-00404-CV V.

GRADY FARRIS, Appellee

This cause, an appeal from the judgment in favor of appellee, Grady Farris, signed April 14, 2011, was heard on the transcript of the record. We have inspected the record and find error in the judgment. We therefore order the judgment of the court below REVERSED and we REMAND appellee Grady Farris’s ultra vires claims to the trial court, as Farris has attempted to allege claims for prospective declaratory and injunctive relief based upon appellant Lazarides’s alleged ultra vires acts, but has not properly pleaded those claims or stated facts sufficient to demonstrate that those claims are ripe or not moot. We REVERSE and RENDER judgment dismissing all remaining official capacity claims against Lazarides for lack of subject-matter jurisdiction.

We order appellee, Grady Farris, jointly and severally, to pay all costs incurred in this appeal. We further order this decision certified below for observance.

Ted Lazarides, in His Official Capacity v. Grady Farris, (Tex. Ct. App. 2012).

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