Supreme Court of Texas

In plaintiff's suit for a declaratory judgment that the UCC permits assignment of his final two installment lottery prize payments as part of a financial arrangement by which he was to pay a bank debt, court of appeals' judgment in favor of plaintiff is affirmed where: 1) the trial court properly exercised jurisdiction over this claim as this claim is not one involving a government officer's action or inaction, but is a challenge to a statute, and as such, this is not an ultra vires claim to which a government officer should have been made a party; and 2) Texas Bus. & Com. Code section 9.406(f) makes section 466.406 and 466.410 of the Lottery Act ineffective to the extent they prohibit or restrict the assignment.

Appellate Information

• Decided 10/01/2010
• Published 10/01/2010

Judges

Court

• Supreme Court of Texas

Counsel