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Searching cases from 5/2013

• Kubosh v. Harris County
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  The appellant, the lead plaintiff for 41 bail bondsmen, sued Harris County alleging that the county improperly assessed civil court filing fees in criminal bond-forfeiture cases. The appellant has not established a waiver of governmental immunity for his refund claim, because the fees in this case were not paid under duress for lack of a judicial process to challenge them. The trial court properly held it lacked jurisdiction to hear the claims for declaratory and injunctive relief. The trial court's order dismissing the claims is affirmed. Houston's 1st Court of Appeals, No. 01-12-00214-CV, 05-02-2013.
• MRSW Management LLC v. Texas Department of Public Safety
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  This is an appeal from a district court's order affirming a "Final Decision and Recommendation" issued by the State Office of Administrative Hearings. The Texas Government Code Chapter 2260 administrative procedures available to resolve breach-of-contract claims against the state clearly and unambiguously apply only in limited circumstances: 1. for claims arising from the provision of goods or services 2. pursuant to a written contract 3. with a unit of government 4. brought by an independent contractor 5. who is a party to that same contract. The trial court's judgment is affirmed. San Antonio Court of Appeals, No. 04-12-00715-CV, 05-01-2013.