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Laura Pressley v. Gregorio "Greg" Casar
03-15-00368-CV
| Tex. App. | Sep 16, 2015
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Background

  • Election contest challenging runoff results for Place 4 on Austin City Council.
  • Clerk counted CVRs, not ballot images; images of ballots were largely not preserved.
  • Trial court granted Appellee Casar’s No Evidence Motion for Summary Judgment and later sanctions against Pressley and her counsel.
  • Appellant asserted discovery errors and denial of access to proprietary materials; requested in-camera review and protective orders.
  • Court ultimately granted summary judgment on the merits and imposed sanctions; Pressley appeals on both issues and the sanctions posture.
  • The appellate issue includes whether CVRs can satisfy ballot-image requirements and whether sanctions were proper under Texas law.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Did the trial court err by granting no-evidence summary judgment? Pressley produced more than a scintilla of evidence. Casar contends no-evidence standard satisfied and evidence failed. Yes; judgment reversed or remanded for trial.
Were sanctions against Pressley proper under Chapter 10 and Rule 11? Pressley acted in good faith with evidentiary support; sanctions unwarranted. Sanctions justified for improper conduct and abusive litigation tactics. Sanctions improper; order vacated or remanded for proper consideration.

Key Cases Cited

  • Alvarez v. Espinoza, 844 S.W.2d 238 (Tex. App.—San Antonio 1992) (election-process fairness and reliance on code procedures)
  • Andrade v. NAACP of Austin, 345 S.W.3d 1 (Tex. 2011) (standing and equal protection; election-contest context)
  • In re: Continental General Tire, Inc., 979 S.W.2d 609 (Tex. 1998) (abuse of discretion; in camera review when privilege claims arise)
  • Valence Operating Co. v. Donell, 164 S.W.3d 656 (Tex. 2004) (scope of appellate review; deference to evidence in no-evidence context)
  • Low v. Henry, 221 S.W.3d 609 (Tex. 2007) (sanctions factors; abuse-of-discretion standard)
Read the full case

Case Details

Case Name: Laura Pressley v. Gregorio "Greg" Casar
Court Name: Court of Appeals of Texas
Date Published: Sep 16, 2015
Docket Number: 03-15-00368-CV
Court Abbreviation: Tex. App.