Legal Opinion

Lipscomb v. Randall

Court of Appeals of Texas

Decided March 18, 1999No. 2-98-084-CVPublishedCited by 14 opinions

1Opinion of the Court

OPINION

CAYCE, Chief Justice.

The council members of The Town of Flower Mound, Texas, appeal the district court’s writ of mandamus1 reinstating a council member, Rick Randall, who automatically forfeited his office under the town charter when he was convicted of crimes of moral turpitude in municipal court. We reverse and render judgment vacating the trial court’s judgment.

BACKGROUND

The Town of Flower Mound is a home-rale city governed by its town charter. Section 3.02 of Flower Mound’s Home Rule Charter provides that “a Councilperson shall forfeit his office if he ... is convicted of a crime…

2Cases cited40 opinions

  1. Anderson v. City of Seven PointsTexas Supreme Court · 1991
  2. Browning v. PlackeTexas Supreme Court · 1985
  3. Dallas Merchant's & Concessionaire's Ass'n v. City of DallasTexas Supreme Court · 1993
  4. Employers Casualty Co. v. BlockTexas Supreme Court · 1988
  5. Barrington v. CokinosTexas Supreme Court · 1960

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3Cited by14 opinions

  1. Dejetley v. Kaho'ohalahalaHawaii Supreme Court · 2010
  2. Abraham Jones v. City of Arcola, Texas Robert E. Hebert, Receiver for the City of Arcola And City Council for the City of Arcola, Texas Court of Appeals, 3rd District (Austin)1999
  3. Charles Tallmon v. State, Texas Court of Appeals, 8th District (El Paso)2012
  4. Charles Tallmon v. State, Texas Court of Appeals, 8th District (El Paso)2012
  5. Derick Dewayne Evans v. State, Texas Court of Appeals, 5th District (Dallas)2014

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