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