Duncan v. Pogue

Darlene Duncan, a court reporter, sued the Hopkins County Commissioners Court to compel it to fund a ten percent salary increase ordered by the district judge pursuant to Tex.Gov’t Code Ann. § 52.051 (Vernon 1988). The Commissioners Court counter-claimed for relief under the Uniform Declaratory Judgments Act, Tex.Civ. Prac. & Rem.Code Ann. § 37.009 (Vernon 1986). The trial court, with another judge sitting by appointment, granted Duncan’s motion for summary judgment, ordered the Commissioners Court to fund the salary increase, and awarded Duncan attorney fees. The court of appeals reversed…