law-declaratory judgment
DECLARATORY JUDGMENT CASES (UDJA) (DJA)
Lowenberg v. City of Dallas, No. 06-0310 (Tex. Mar. 28, 2008)(per curiam)
(illegal fee, tax refund suit, takings claim, declaratory judgment, UDJA attorney's fees)
JIM LOWENBERG, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED v. CITY OF DALLAS;
from Dallas County; 11th district (11-03-00061-CV, 187 S.W.3d 777, 03-01-06)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing
oral argument, the Court reverses the court of appeals' judgment and renders judgment.
08-0119
CITY OF LUBBOCK v. LARRY ACKERS; from Lubbock County; 7th district (07-06-00421-CV, ___ SW3d ___,
11-29-07, pet. denied June 2008)(jurisdictional dismissal of declaratory judgment claim reversed)
Appellant, Larry Ackers, appeals the trial court's judgment granting appellee's, the City of Lubbock, Plea to the
Jurisdiction and dismissing his claims with prejudice. We reverse the judgment and remand the case to the trial
court.
Ackers may bring certain declaratory judgment actions against a governmental entity without express legislative
consent or statutory waiver of immunity. Nueces County, 97 S.W.3d at 217-18. Because Ackers pled a claim for
declaratory judgment that we construe as not requesting monetary damages, the City is not immune from the
suit and the trial court's dismissal was in error.
Declaratory Judgment not available when issue can be decided in pending lawsuits
In his third issue, Elkins asserts the trial judge erred in failing to grant a declaratory judgment that Capital One
had violated the credit card agreement. There is no basis for declaratory relief when in the same action a party
seeks a different, enforceable remedy, and a judicial declaration would add nothing to what would be implicit or
express in a final judgment for the enforceable remedy. Universal Printing Co. v. Premier Vacation Homes, Inc.,
73 S.W.3d 283, 296 (Tex. App.- Houston [1st Dist.] 2001, pet. denied).
Here the trial judge specifically found and we have concluded Elkins failed to prove by a preponderance of
the evidence each element of his breach of contract claim against Capital One. Therefore no declaratory action
would have been appropriate with respect to an alleged violation of the credit card agreement. We overrule
Elkins's third issue.
08-0230
RODNEY ELKINS v. CAPITAL ONE BANK AND CAPITAL ONE SERVICES, INC.; from Dallas County; 5th
district(05-06-01539-CV, ___ SW3d ___, 01-29-08, pet. denied Jun 2008) (credit card debt, breach of contract,
defamation, credit reputation)