Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of May 10, 2010

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Burgess v. State,   No. 02-09-00239-CV    (May. 13, 2010)   (Livingston, C.J., joined by Dauphinot and McCoy, JJ.).

Held:   The trial court did not err by entering a judgment against appellant that requires appellant to pay the cost for service of citation by certified mail. The Denton County Commissioners Court authorized the cost for service of citation by certified mail as required by the local government code, and the district clerk was entitled to assess that cost under the government code. See Tex. Gov’t Code Ann. § 51.319(2) (Vernon 2005); Tex. Loc. Gov’t Code Ann. § 118.131 (Vernon 2008). Appellant’s assertion that the specific amount of the cost for citation by certified mail is unreasonable and is higher than necessary to pay the expense of the service is a collateral attack on the Denton County Commissioners Court’s order that may not be raised in a bond forfeiture proceeding.

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