Summary
This document is an appellant’s motion filed in the Texas Fifteenth Court of Appeals requesting judicial notice of a final judgment from a parallel Hidalgo County district court case. The appellant argues that the lower court’s order dismissing a related inverse condemnation claim as moot establishes that the State of Texas already compensated him, thereby undermining the state’s claims of standing and injury in the current litigation. The motion cites Texas Rules of Evidence 201(c)(2) and requests the appellate court to apply the prior judgment to the instant case.
Topics
Practice areas
Questions Presented
- Whether the Texas Court of Appeals should take judicial notice of the final order entered by the Hidalgo County 332nd District Court dismissing Partain's earlier case as moot.
Factual background
The Hidalgo County 332nd District Court entered an order dismissing Partain's earlier inverse condemnation case as moot, finding that the State of Texas had fully compensated Partain for all claims. The State accepted that order without appeal. Partain now moves the Texas Court of Appeals to take judicial notice of that final order in the present case.
Procedural history
Partain seeks appellate court's judicial notice of a final order from Hidalgo County 332nd District Court that dismissed his earlier case as moot and found he had been fully compensated by the State.