in Re Philip T. Pixler ( 2018 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-18-00181-CV
In re Philip T. Pixler § Original Proceeding
§ From the 271st District Court
§ of Wise County (CV17-10-820)
§ July 26, 2018
§ Opinion by Justice Meier
JUDGMENT
This court has considered the petition for writ of mandamus filed by Relator
Philip T. Pixler and is of the opinion that relief should be denied in part and
conditionally granted in part.
We deny Philip T. Pixler’s petition insofar as he challenges the district
court’s subject-matter jurisdiction over the City’s claims for injunctive relief, to
recover civil penalties, and for violating the TUFTA.
We conditionally grant Philip T. Pixler’s petition insofar as he challenges
the district court’s subject-matter jurisdiction over the City’s claim to enforce the
administrative penalties. Accordingly, we direct the district court to set aside only
the portion of its March 27, 2018 “Summary Judgment Order and Permanent
Injunction” in which it ordered “that, pursuant to Texas Local Government Code
§ 54.044, the [City] is entitled to enforcement of the administrative penalties
assessed against [Pixler] totaling $8,000.” A writ will issue only if the district
court fails to do so.1
This Court’s June 5, 2018 order staying the trial court proceedings in
cause number CV17-10-820, styled City of Newark, William Andrew Messer,
Mack Reinwand, Ashley D. McSwain, Rene Culp, Pamela Thompson, Taylor
Burton, and Jeanine M. Inman v. Philip T. Pixler, pending in the 271st District
Court of Wise County, Texas, is hereby lifted.
It is further ordered that relator Philip T. Pixler shall pay one-half of the
costs of this proceeding and that real party in interest City of Newark shall pay
one-half of the costs of this proceeding, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Bill Meier
Justice Bill Meier
1
We deny Pixler’s request to sanction the City in the amount of $80,000.