Second Court of Appeals
Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of October 17, 2016.
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.
Nw. ISD v. Carroll ISD, No. 02-16-00010-CV & In re Nw. ISD, No. 02-16-00014-CV (Oct. 20, 2016) (en banc) (Gabriel, J., joined by Gardner, Walker, Meier, and Sudderth, JJ.; Livingston, C.J., dissents with opinion, joined by Dauphinot, J.).
Held: The trial court has subject-matter jurisdiction over Carroll ISD’s claims as currently pleaded, which request a judicial determination regarding the location of the actual boundary between the two school districts. Based on this jurisdiction, the trial court did not abuse its discretion by stating its intention to adjudicate all claims before it. Therefore, the court affirmed the denial of Northwest ISD’s third plea to the jurisdiction and denied Northwest’s petition for writ of mandamus or prohibition.
Dissent: In Northwest ISD’s prior appeal in cause number 02-10-00105-CV, a majority of this court determined that Carroll ISD’s pleadings seeking to have the boundary line between the two school districts located on the Tarrant-Denton County line established as a result of litigation between those two counties instead of the long-honored and existing boundary line between the two districts would be an impermissible election contest or collateral attack on the commissioners’ court orders originally establishing the boundaries of Northwest ISD. Even though three of the four justices in that majority agreed that the case should be remanded to give Carroll ISD an opportunity to replead, the trial court was bound by the majority’s decision on the election-contest question of law; therefore, when on remand Carroll ISD did not replead in accordance with the prior majority opinion, the trial court should have granted Northwest ISD’s third plea to the jurisdiction and dismissed Carroll ISD’s claims.