Supreme Court of Texas

In a suit involving whether members of the Houston Municipal Employees Pension System (HMEPS) may bring a declaratory judgment action to declare their rights under the statute that created HMEPS, a decision denying HMEPS' plea to the jurisdiction seeking dismissal is vacated in part and reversed in part where: 1) one plaintiff had an absolute right to non-suit his claims and did so; 2) thus, his case was moot; and 3) other plaintiffs who joined the action were not entitled to seek a declaratory judgment and injunctive relief, based on Article 6243h of the Texas Revised Civil Statutes.

Appellate Information

• Argued 01/23/2007
• Decided 11/30/2007
• Published 11/30/2007

Judges

• Justice GREEN delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice O'NEILL, Justice WAINWRIGHT, Justice BRISTER, Justice MEDINA, and Justice JOHNSON joined.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Bob E. Shannon, Thomas R. Phillips, Baker Botts LLP, Austin, Stephen G. Tipps, Kathryn S. Vaughn, Martha Garrison Newton, Baker & Botts, L.L.P., Houston, TX, for Petitioner., Robert R. Burford, Gibbs & Bruns, David M. Gunn, Beck, Redden & Secrest, L.L.P., Houston, Barbara E. Rosenberg, Assistant Attorney, Dallas, Kristofer S. Monson, Assistant Solicitor General, Austin, TX, for Amicus Curiae.


• For Appellees:
  
• Lloyd E. Kelley, Lloyd E. Kelley & Associates, Houston, TX, for Respondent.