Correa v. First Court of Appeals, 795 S.W.2d 704 (Tex. 1990). · Go Syfert
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Correa v. First Court of Appeals, 795 S.W.2d 704 (Tex. 1990). Cases Citing This Book View Copy Cite
28 citation events (21 in the last 25 years) across 3 distinct courts.
Strongest positive: Whitfield, Robert (texcrimapp, 2014-05-07)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) Whitfield, Robert
Tex. Crim. App. · 2014 · confidence medium
Stated differently, an “advisory opinion results 10 See also Correa v. First Court of Appeals, 795 S.W.2d 704, 705 (Tex. 1990) (observing that “judicial power does not embrace the giving of advisory opinions,” and stating that it is “axiomatic that appellate courts do not decide cases in which no controversy exists between the parties”) (citations omitted).
discussed Cited as authority (rule) In Re Doe (2×)
Tex. · 2000 · confidence medium
J. 170 (cause submitted Dec. 3, 1991). [33] 837 S.W.2d 73 (Tex.1992). [34] Painter v. Shaner, 667 S.W.2d 123, 124 (Tex.1984); Coalson v. City Council of Victoria, 610 S.W.2d 744, 747 (Tex.1980). [35] Correa v. First Court of Appeals, 795 S.W.2d 704, 705 (Tex.1990); Brown v. Meyer, 787 S.W.2d 42, 43 (Tex.1990); State Democratic Executive Comm. v. Rains, 758 S.W.2d 227, 228 (Tex.1988). [36] Davis v. Taylor, 930 S.W.2d 581, 582 (Tex. 1996); Bird v. Rothstein, 930 S.W.2d 586, 587 (Tex.1996). [37] Ante at 352. [38] 903 S.W.2d 315, 328-329 (Tex.1994) (Hecht, J., concurring and dissenting). [39] Ante…
discussed Cited as authority (rule) Edgewood Independent School District v. Kirby (2×)
Tex. · 1991 · confidence medium
Co. v. Burch, 442 S.W.2d 331, 333 (Tex.1969); Correa v. First Court of Appeals, 795 S.W.2d 704, 705 (Tex.1990).
cited Cited "see" Eldorado Homeowners' Association, Inc. v. R. Michael Clough, J. Michelle Clough, Adam Flierl, Nicole Flierl, Billy Fowler, Susan Fowler, Jack Holmes, Jacqui Holmes
Tex. App. · 2024 · signal: see · confidence high
See Correa v. First Ct. of Appeals, 795 S.W.2d 704, 705 (Tex. 1990) (the “judicial power does not embrace the giving of advisory opinions”) (quoting Firemen’s Ins.
examined Cited "see" City of Dallas v. Brown (3×) also: Cited "see, e.g."
Tex. App. · 2012 · signal: see · confidence high
See Correa, 795 S.W.2d at 704 (where plaintiff obtained writ of mandamus requiring his name to be included on ballot, but subsequently lost election, issue of constitutionality of Election Code provision regarding access to ballot was moot; opinion would be advisory only).
discussed Cited "see" Terrazas v. Ramirez (2×)
Tex. · 1991 · signal: see · confidence high
See Correa v. First Court of Appeals, 795 S.W.2d 704, 705 (Tex.1990) (the "judicial power does not embrace the giving of advisory opinions."); accord Firemen's Ins.
discussed Cited "see, e.g." Whitfield v. State (2×)
Tex. Crim. App. · 2014 · signal: see also · confidence medium
See also Correa v. First Court of Appeals , 795 S.W.2d 704, 705 (Tex. 1990) (observing that "judicial power does not embrace the giving of advisory opinions," and stating that it is "axiomatic that appellate courts do not decide cases in which no controversy exists between the parties") (citations omitted). 11.
cited Cited "see, e.g." in Re: Juan Angel Guerra, District and County Attorney for Willacy County, State of Texas
Tex. App. · 2009 · signal: see, e.g. · confidence medium
See, e.g., Correa v. First Court of Appeals , 795 S.W.2d 704, 705 (Tex. 1990) (orig. proceeding).
cited Cited "see, e.g." in Re: Juan Angel Guerra, District and County Attorney for Willacy County, State of Texas
Tex. App. · 2009 · signal: see, e.g. · confidence medium
See, e.g., Correa v. First Court of Appeals, 795 S.W.2d 704, 705 (Tex. 1990) (orig. proceeding).
discussed Cited "see, e.g." In Re Bell (2×)
Tex. · 2002 · signal: see, e.g. · confidence low
See, e.g., Shipley v. Harris County Democratic Executive Comm., 795 S.W.2d 766, 768 (Tex.App.-Houston [1st Dist.] 1990, orig. proceeding), overruled sub nom. and subsequently vacated as moot Correa v. First Court of Appeals, 795 S.W.2d 704 (Tex.1990) (orig. proceeding); Atkinson v. Carter, 785 S.W.2d 449, 451-52 (Tex.App.-Houston [14th Dist.] 1990, orig. proceeding), overruled sub nom.
discussed Cited "see, e.g." in Re: Dennis Hood, Relator
Tex. App. · 2002 · signal: see also · confidence medium
Continental Oil Company v. Lesher, 500 S.W.2d 183, 186 (Tex.Civ.App.–Houston [1st Dist.] 1973, no writ); see also Correa v. First Court of Appeals, 795 S.W.2d 704, 705 (Tex. 1990) (holding that appellate courts do not decide cases in which no controversy exists between the parties).
discussed Cited "see, e.g." in Re: Dennis Hood, Relator
Tex. App. · 2002 · signal: see also · confidence medium
Continental Oil Company v. Lesher, 500 S.W.2d 183, 186 (Tex.Civ.App.–Houston [1st Dist.] 1973, no writ); see also Correa v. First Court of Appeals, 795 S.W.2d 704, 705 (Tex. 1990) (holding that appellate courts do not decide cases in which no controversy exists between the parties).
discussed Cited "see, e.g." in Re: Dennis Hood, Relator
Tex. App. · 2002 · signal: see also · confidence medium
Continental Oil Company v. Lesher, 500 S.W.2d 183, 186 (Tex.Civ.App.-Houston [1st Dist.] 1973, no writ); see also Correa v. First Court of Appeals, 795 S.W.2d 704, 705 (Tex. 1990) (holding that appellate courts do not decide cases in which no controversy exists between the parties).
Retrieving the full opinion text from the archive…
Carlos L. CORREA, Relator,
v.
the FIRST COURT OF APPEALS, Respondent; Jack CARTER, Chair, Harris County Democratic Executive Committee, Relator, v. the FIRST COURT OF APPEALS, Respondent
C-9551, C-9552.
Texas Supreme Court.
May 9, 1990.
795 S.W.2d 704
Andrew L. Jefferson, Houston, Randall Buck Wood, Austin, for Carlos L. Correa., James Stafford, Jim Mattox, Houston, Javier P. Guajardo, Austin, for respondent., David Webb, Houston, for Jack Carter.
Ray, Mauzy.
Cited by 23 opinions  |  Published

Lead Opinion

OPINION

RAY, Justice.

These original mandamus proceedings arose from the same facts and have been consolidated for our review.

On January 2, 1990, Carlos L. Correa, a candidate for judge of the 182d district court of Harris County, filed his application for a place on the March 13, 1990, Democratic general primary ballot. Accompanying his application was the necessary filing fee and petitions containing 333 signatures. See Tex.Elec.Code § 172.021(e). On February 13, 1990, Donald K. Shipley, the incumbent 182d district court judge and Correa’s opponent in the primary election, filed a petition for writ of mandamus in the court of appeals alleging that Correa’s petitions contained fewer than the required 250 valid signatures. See Tex.Elec.Code § 141.063. Correa argued in response that § 172.021(e) burdens access to the ballot of certain judicial candidates in violation of the Fourteenth Amendment. See Anderson v. Celebrezze, 460 U.S. 780, 103 S.Ct. 1564, 75 L.Ed.2d 547 (1983); Pilcher v. Rains, 853 F.2d 334 (5th Cir.1988).

On February 16, 1990, the court of appeals, by 2-1 vote, granted the writ of mandamus and ordered Jack Carter, Chair of the Harris County Democratic Executive Committee, to reject Correa’s application. The court of appeals, after holding that the Election Code requires strict compliance, stated:

Correa’s petitions contain 333 signatures. We have found that 35 are not registered voters, that 3 do not include a voter registration number, that 5 contain an incorrect registration number, that 1 contains neither the city nor the zip code, that 3 signers witnessed their own signatures, that 33 do not include both the city and a complete zip code, that 1 signature is missing, and that 4 contain no date or an incomplete date. These figures total[*705] 85 invalid signatures, leaving 248, less than the required 250.

Shipley v. Harris Co. Demo. Exec. Comm. and Carlos L. Correa, 795 S.W.2d 766 (Tex.App.-Houston [1st] 1990, orig. proc.). The dissent argued, on the other hand, that § 172.021(e) should be declared unconstitutional under Celebrezze and Pilcher.

Correa and Carter subsequently sought mandamus relief in this Court and, immediately after oral argument on February 21, 1990, we granted such relief, with a written opinion to follow. The court of appeals then vacated its judgment, Correa’s name was placed on the ballot, and the primary election was held. Shipley won.

Given the results of the primary, a majority of this Court is of the opinion that the cause has become moot. As we have stated before, the “judicial power does not embrace the giving of advisory opinions.” Firemen’s Ins. Co. v. Burch, 442 S.W.2d 331, 333 (Tex.1968). “It is axiomatic that appellate courts do not decide cases in which no controversy exists between the parties.” Camarena v. Texas Emp. Comm’n, 754 S.W.2d 149, 151 (Tex.1988). Accordingly, our judgment of February 21, 1990, is withdrawn and the cause dismissed.

MAUZY, J., dissents.

Dissent

MAUZY, Justice,

dissenting.

I respectfully dissent. An exception to the mootness doctrine is well-recognized with respect to cases of public importance —especially election cases — which are likely to recur in the future. See, e.g., Fine v. Elections Board, 95 Wis.2d 162, 289 N.W.2d 823 (1980) (although election already held with plaintiff’s name on ballot, case would not be dismissed as moot); Foster v. Cuyahoga Co. Bd. of Elections, 53 Ohio App.2d 213, 373 N.E.2d 1274 (1977); Carr v. New York State Bd. of Elections, 40 N.Y.2d 556, 356 N.E.2d 713, 356 N.E.2d 713 (1976). Because the issues raised in this cause are of considerable public importance and virtually certain to arise repeatedly in the near future, I believe we should reach the merits of the cause using the analysis discussed in my concurring opinion in Brady v. Fourteenth Court, C-9538, 33 Tex.Sup.Ct.J. 391 (April 11, 1990).