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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, 2015
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Background

  • 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)
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Case Details

Case Name: Chase Carmen Hunter v. Texas Department of Insurance and David Mattax, in His Official Capacity as Commissioner of Insurance
Court Name: Court of Appeals of Texas
Date Published: Jan 16, 2015
Docket Number: 03-14-00737-CV
Court Abbreviation: Tex. App.