Jack Jones Hearing Centers, Inc. v. State Committee of Examiners in the Fitting & Dispensing of Hearing Instruments
2012 Tex. App. LEXIS 2350
| Tex. App. | 2012Background
- Jack Jones Hearing Centers, Inc. sued Aidright and the Committee seeking declarations that the Aidright referral contract is void as against public policy under the Texas Occupations Code and related rules.
- Jack Jones purchased a fitting and dispensing business in Austin and learned a prior Aidright referral contract existed with the seller.
- Aidright advertised to Texas patients, referred them to licensed providers, and charged a referral fee; Jones disputed renewing/ modifying that contract.
- Jack Jones argued the contract violated chapters 102 and 402 of the Occupations Code and Committee rules prohibiting unlawful referrals and representation of authority by non-license holders.
- The Committee answered with a general denial and a plea to the trial court's jurisdiction; the trial court granted the Committee's plea and granted summary judgment against Aidright.
- On appeal, Jack Jones contends the Committee is a proper party and that immunity is waived under the Uniform Declaratory Judgments Act and the Texas Administrative Procedure Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jack Jones has standing to appeal the trial court's plea to the jurisdiction. | Jones argues the Committee is a proper party and immunity is waived. | Committee argues Jones lacks standing; any controversy ceased after summary judgment. | Jones lacks standing; appeal dismissed for want of jurisdiction. |
Key Cases Cited
- Texas Ass'n of Bus. v. Texas Air Control Bd., 852 S.W.2d 440 (Tex. 1993) (standing and mootness principles in declaratory actions)
- Allstate Ins. Co. v. Hallman, 159 S.W.3d 640 (Tex. 2005) (standing requires a concrete injury or prejudicial interest)
- Brinkley v. Texas Lottery Comm'n, 986 S.W.2d 764 (Tex.App.-Austin 1999) (standing limits and advisory opinions concerns)
- Texas Lottery Comm'n v. First State Bank of DeQueen, 325 S.W.3d 628 (Tex. 2010) (declaratory judgments act and statutory interpretation)
- Texas Dep't of Ins. v. Reconveyance Servs., Inc., 306 S.W.3d 256 (Tex. 2010) (ultra vires concepts and proper party in declaratory actions)
- County of El Paso v. Ortega, 847 S.W.2d 436 (Tex.App.-El Paso 1993) (aggrieved party requires legally cognizable interest)