ACCEPTED 04-17-00393-CV FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

11/1/2017 10:03 AM

CAUSE NO. 04-17-00393-CV

FILED IN 4th COURT OF APPEALS

SAN ANTONIO, TEXAS IN THE COURT OF APPEALS

11/01/17 10:03:12 AM FOR THE FOURTH JUDICIAL DISTRICT KEITH E. HOTTLE

SAN ANTONIO, TEXAS CLERK

MAVERICK COUNTY, et al., Appellant v. ETHELVINA I. FELAN

Appellees

On Appeal from Cause 17-02-33970-MCV; In the 293rd Judicial District Court

Of Maverick County, Texas

APPENDIX OF APPEALLANT

  SÁNCHEZ & WILSON, P.L.L.C.

ROBERT W. WILSON, ESQ.

STATE BAR NO. 00794868 [email protected] (210) 222-8899 (Telephone) (210) 222-9526 (Telecopier)

ATTORNEYS FOR APPELLANT  

IDENTITY OF PARTIES AND COUNSEL

Maverick County, et. al, Appellant

SÁNCHEZ & WILSON, P.L.L.C. Robert W. Wilson, Esq., Mark Anthony Sanchez, Esq. Counsel For Appellants 6243 IH-10 West, Ste. 1025 San Antonio, Texas 78201 (210) 222-8899 (Telephone) (210) 222-9526 (Telecopier)

LUIS R. VERA & ASSOCIATES Luis R. Vera, Esq. Counsel For Appellants 1325 Riverview Towers Bld. 111 Soledad St. San Antonio, Texas 78205 210-225-3300 Telephone 210-225-2060 Telecopier

Ethelvina I. Felan, Appellee

NAJVAR LAW FIRM, PLLC Jerad Wayne Najvar, Counsel for Appellee Andrew Patchan, Counsel for Appellee 2180 North Loop West, Suite 255 Houston, Texas 77018 (281) 404-4696 (Telephone) (281) 582-4138 (Telecopier)

/s/ ROBERT W. WILSON ROBERT W. WILSON STATE BAR NO. 00794868 Counsel of Record for Appellant  

Respectfully submitted, Sanchez &Wilson, PLLC 6243 IH-10 West, Ste. 1025 San Antonio, Texas 78201 Telephone: 210-222-8899 Telecopier: 210-222-9526

By: /s/ ROBERT W. WILSON

Robert W. Wilson State Bar No: 00794868 [email protected] Attorneys for Appellant

APPENDIX OF APPEALLANT

Appellant filed their Brief on September 18, 2017. Appellant failed to file the Appendix pursuant to TRAP 38.1(l). Appellant includes the following as the appendix to Appellant’s Brief.

APPENDIX 1. FINAL JUDGMENT 2. TEX. TAX CODE §26.04 (Vernon 2016) 3. TIME LINE OF EVENTS

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the above and foregoing Brief for Appellant has been delivered via telecopier transmission only to Jared Najvar and Andrew Patchan, Najvar Law Firm, PLLC,2180 North Loop West 255, Houston, Texas 77018 on this the 1st day of November 2017.

/s/ ROBERT W. WILSON Robert W. Wilson  

Electronically Filed at 6/16/2017 2:19:38 PM Leopoldo Vielma, District Clerk Maverick County, Texas By: Monica Gonzalez, Deputy

NO. 17-02-33970-MCV

FILED IN ETHELVINA FELAN § IN THE 4thDISTRICT

COURT OFCOURT

APPEALS § SAN ANTONIO, TEXAS Plaintiff, § 11/01/17 10:03:12 AM § KEITH E. HOTTLE v. § 293rd JUDICIAL DISTRICT CLERK § MAVERICK COUNTY, DAVID § SAUCEDO, IN HIS OFFICIAL § CAPACITY AS MAVERICK COUNTY § JUDGE; JERRY MORALES, IN HIS § MAVERICK COUNTY, TEXAS OFFICIAL CAPACITY AS MAVERICK § COUNTY COMMISSIONER, PCT. 1; § ROSY CANTU, IN HER OFFICIAL § CAPACITY AS COUNTY § COMMISSIONER, PCT. 2; PETE § VENEGAS, IN HIS OFFICIAL § CAPACITY AS COUNTY § COMMISSIONER, PCT. 3; ROBERTO § RUIZ, IN HIS OFFICIAL CAPACITY AS § COUNTY COMMISSIONER, PCT. 4; § and TEODORO ROY SCHMERBER, IN § HIS OFFICIAL CAPACITY AS § MAVERICK COUNTY ELECTIONS § ADMINISTRATOR § § Defendants. § FINAL JUDGMENT

On June 12, 2016, came to be considered the Plaintiff’s Motion for Summary Judgment.

The Court, having considered the Motion and supporting and opposing briefing and the applicable law cited therein, evidence presented, arguments of counsel, and the pleadings on file in this case, is of the opinion that Plaintiff’s Motion for Summary Judgment should be

GRANTED.

It is further, ORDERED that any deemed admission is undeemed or withdrawn.

It is further, ORDERED that Defendant’s Plea to the Jurisdiction is denied.

Maverick County v. Felan000001

Electronically Filed at 6/16/2017 2:19:38 PM Leopoldo Vielma, District Clerk Maverick County, Texas By: Monica Gonzalez, Deputy

It is further, ORDERED that Defendant’s Motion for Summary Judgment is denied.

It is further DECLARED that:

1) On September 12, 2016, the Maverick County Commissioners Court adopted a tax rate and a rollback rate;

2) Due to a good-faith mistake, those rates were incorrectly calculated;

3) On September 16, 2016, the Maverick County Commissioners Court rescinded agenda Item 26, which was the adoption of the tax rates;

4) On October 3, 2016, the Maverick County Commissioners Court ratified a property tax rate of approximately $0.542 per $100 of property evaluation;

5) By calculation and by admission, the correct Rollback Rate for this tax year is approximately $0.466 per $100 of property value;

6) Plaintiff filed a rollback petition within the time prescribed by law;

7) Within 20 days of receiving the rollback petition, the Maverick County

Commissioner’s Court adopted an order certifying more than enough signatures to engender a rollback election;

8) The Maverick County Commissioner’s Court failed to order a rollback election within the time prescribed by statute, which is a purely ministerial act.

Therefore, it is ORDERED that the Clerk of Court shall forthwith issue a Writ of Mandamus commanding the Maverick County Commissioner’s Court, its agents, employees, and all persons or entities of any type whatsoever acting in concert with the County, to hold a rollback election, pursuant to Texas Tax Code §26.07, in not fewer than 30 days or more than 90 days from June 12, 2017.

Maverick County v. Felan000002

Electronically Filed at 6/16/2017 2:19:38 PM Leopoldo Vielma, District Clerk Maverick County, Texas By: Monica Gonzalez, Deputy

Costs of Court are adjudged against the Defendants. All other relief not ordered in this final judgment is DENIED.

SIGNED June ___, _______________________

Judge W.C. Kirkendall

APPROVED AS TO FORM:

______________________ Robert “Woody” Wilson, Attorney for Defendants

____________________ Martin Golando, Attorney Plaintiff Maverick County v. Felan000003

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