Opinion
07-24-00240-CV
07-30-2024
TARRANT COUNTY REPUBLICAN PARTY, APPELLANT v. CHRIS RECTOR, APPELLEE
On Appeal from the 141st District Court Tarrant County, Texas Trial Court No. 141-351825-24, Honorable Sidney Hewlett, Presiding.
Before QUINN, C.J., and PARKER and YARBROUGH, JJ.
ORDER ON MOTION FOR EMERGENCY RELIEF [
The Texas Supreme Court transferred this appeal from the Second Court of Appeals. Thus, we are bound by the latter's precedent should it conflict with ours. TEX. R. APP. P. 41.3.
PER CURIAM
Tarrant County Republican Party (TCRP) appealed from an order denying relief under the Texas Citizens Participation Act, TEX. CIV. PRAC. &REM CODE ANN. § 27.001 et. seq. The underlying dispute concerns whether Chris Rector should be seated as Precinct 4230 Chair for the Tarrant County Republican Party and purportedly winning election thereto. Allegedly, the TCRP or its county chair has refused to so seat him. That resulted in: 1) Rector's suing the TCRP to secure the seat; 2) the TCRP moving to dismiss the suit under § 27.001 of the Civil Practice and Remedies Code; 3) the trial court's denying the motion while nonetheless dismissing the TCRP from the proceeding; and 4) the TCRP appealing the order denying it relief under § 27.001 et seq. Rector has now moved for an emergency temporary order pursuant to Texas Rule of Appellate Procedure 29.3. He asks that the "Tarrant County Republican Party . . . be enjoined from causing or otherwise allowing any individual other than Chris Rector from being seated or appointed, or otherwise assuming the position of Chair of Tarrant County Precinct 4230, until the completion of the current appeal."
Per Texas Rule of Appellate Procedure 29.3, "[w]hen an appeal from an interlocutory order is perfected, the appellate court may make any temporary orders necessary to preserve the parties' rights until disposition of the appeal and may require appropriate security." TEX. R. APP. P. 29.3. Applying the Rule 29.3 standard to the record before us, we conclude that Chris Rector has shown issuance of emergency relief pending disposition of this interlocutory appeal is necessary to preserve the rights of the parties. The Tarrant County Republican Chair purported to declare the seat vacant. Counsel for the TCRP also represented to the trial court that the executive committee of the TCRP would meet within weeks of the Republican National Convention potentially to address the vacancy. Filling the purported vacancy in precinct 4230 with someone other than Rector pending disposition of the appeal could harm Rector, given his apparent victory in the election for the seat. It could result in the effective denial of relief sought via his suit prior to final appellate determination regarding the propriety of the trial court's refusal to dismiss under § 27.001 et seq. of the Civil Practice and Remedies Code.
Accordingly, we grant the motion for emergency relief and temporarily enjoin the Tarrant County Republican Party from directly or indirectly (i.e., through officers, employees, agents, or representatives) seating or appointing anyone or otherwise filling the position of Tarrant County Precinct Chair for Precinct 4230, until further order of this court.
It is so ordered.