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Despite absence of judge, Tejada drops Floresville council lawsuit
FLORESVILLE -- Mayor Daniel Tejada has dropped his lawsuit against four Floresville city councilmen, according to paperwork filed Sept. 13 by City Attorney Louis T. Rosenberg in the 81st Judicial District Court.
Rosenberg filed an order to dismiss without prejudice and a bench memorandum on case in controversy. The latter establishes that state law allows Councilman Johnnie R. Gomez to resume his place on the council, following his resignation in August to run for mayor. The memorandum stipulates that because Gomez’s successor was not seated within 10 days as required by the city charter, he shall remain on the council until he either is elected mayor or his council term ends next year.
Both sets of paperwork were filed before a judge entered the courtroom for the scheduled hearing.
Where’s the judge?
According to Wilson County District Clerk Deborah Bryan, no docket ever was sent to Floresville by the offices of the 81st and 218th judicial districts in Jourdanton.
Court Coordinator DeAnn Bilicek, who works in the Jourdanton office, said, “Proper procedure was not followed. Our office was never notified that the plaintiff needed a hearing.”
Therefore, a hearing was not scheduled and a judge was not assigned to hear the case. Bryan confirmed that a special judge would have been requested, because both 81st Judicial District Judge Donna Rayes and 218th Judicial District Judge Stella Saxon were away at a judges conference.
After all sides exited the courtroom, Tejada, Gomez, and councilmen Jesse Christopher Flores, Mario Morones, John W. Guerrero, and Sherry Martinez Castillo met for a special council meeting. For more, see article above.
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