Chase Carmen Hunter v. Texas Department of Insurance and David Mattax, in His Official Capacity as Commissioner of Insurance
03-14-00737-CV
| Tex. App. | Jan 16, 2015Background
- Hunter, a Virginia resident with an inactive Texas license, filed a Pet DJ and related motions in 2013 in Travis County seeking declaratory relief and challenging TDI actions.
- Clerk Amalia Rodriguez-Mendoza allegedly refused to docket, index, or provide customary services to Hunter under TRCP 145(a) due to indigency.
- Judge Dietz allegedly refused to act on Hunter’s motions and to advance the case, contributing to a dismissal for want of prosecution.
- Hunter’s Motions sought reinstatement, court-ordered ministerial duties by the Clerk, service of process, and transfer of the case to the Court of Appeals.
- Hunter attempted to participate by mail, fax, and direct filings to judges, culminating in a 2014 dismissal and later petitions for mandamus/prohibition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Clerk and court failed ministerial duties under TRCP 145(a). | Hunter | K Mendoza/J Diaz? | Not stated in provided excerpt. |
| Clerk failed to docket and process the petition after indigency affidavit. | Hunter | Mendoza/Clerk | Not stated in provided excerpt. |
| Judge Dietz failed to respond to motions and to advance the case post-dismissal. | Hunter | Dietz | Not stated in provided excerpt. |
| Whether TRCP 165a(3) requires a hearing on a Motion to Reinstate. | Hunter | Court/Clerk | Not stated in provided excerpt. |
| Whether the relief sought should be transferred to the Court of Appeals for adjudication. | Hunter | Appellees | Not stated in provided excerpt. |
Key Cases Cited
- Connally v. General Construction Co., 269 U.S. 385 (U.S. 1926) (due process notice standard)
- Grayned v. City of Rockford, 408 U.S. 104 (U.S. 1972) (due process; avoid arbitrary enforcement)
- In re Bernard, 993 S.W.2d 453 (Tex. App.-Houston [1st Dist.] 1999) (proceedings involving ministerial duties and mandamus)
