CourtListener 10748961•Johnny Partain v. State of Texas
Texte intégral
ACCEPTED
15-25-00005-CV
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
12/2/2025 10:51 PM
No. 15-25-00005-CV CHRISTOPHER A. PRINE
CLERK
FILED IN
15th COURT OF APPEALS
AUSTIN, TEXAS
12/2/2025 10:51:52 PM
In The CHRISTOPHER A. PRINE
Fifteenth Court Of Appeals
Clerk
JOHNNY PARTAIN
Appellant
v.
STATE OF TEXAS
Appellee
APPELLANT’S MOTION FOR
REHEARING/CLARIFICATION AND RECONSIDERATION
OF ORDER DENYING MOTION TO DISMISS FOR LACK OF
JURISDICTION
JOHNNY R. PARTAIN
7020 N 16th Street
McAllen, Texas 78504
956-240-1821
No. 15-25-00005-CV
In The
Fifteenth Court Of Appeals
JOHNNY PARTAIN
Appellant
v.
STATE OF TEXAS
Appellee
APPELLANT’S MOTION FOR
REHEARING/CLARIFICATION AND RECONSIDERATION
OF ORDER DENYING MOTION TO DISMISS FOR LACK OF
JURISDICTION
TO THE HONORABLE JUSTICES OF THIS COURT OF APPEALS:
COMES NOW JOHNNY PARTAIN, Appellant in the above styled and numbered
cause and files his Appellant’s Motion For Rehearing/Clarification And Reconsideration Of Order
Denying Motion To Dismiss For Lack Of Jurisdiction, and respectfully moves for a rehearing,
reconsideration, and clarification of this Court's September 11, 2025, Order denying his
motion to dismiss for lack of jurisdiction (Mootness).
I. INTRODUCTION AND GROUNDS FOR REHEARING
This motion is necessary because the Court appears to have overlooked a critical
jurisdictional defect that renders this entire appeal moot: the existence of a subsequent,
final, and unchallenged district court judgment that settled the underlying controversy.
“Final judgment” means one where the trial court has rendered a final judgment and all
direct appeals have been exhausted. As subject-matter jurisdiction is essential to the Court's
authority, this issue must be reconsidered.
On July 29, 2025, Hidalgo County District Court, case no. C-0929-12-F (Hidalgo),
entered its final order stating -
“Comes now the Court finding that Johnny Partain has already been justly and
adequately compensated by the State Of Texas for all his claims in the above
styled and number cause, making this case MOOT. IT IS ORDERED that any
orders or judgments previously issued in this case are vacated. IT IS
ORDERED that this case is DISMISSED with prejudice.”
See the attached ORDER DISMISSING CAUSE AS MOOT. Partain informed this Court
of the final order from Hidalgo through his Appellant’s Motion To Dismiss The District
Case On Mootness filed on August 29, 2025, and through his Appellant’s Motion To Take
Judicial Notice Of Final Judgment Pursuant To TRE 201 (c) (2) filed on September 29,
2025.
Partain originally filed the Hidalgo case on April 5, 2012. Partain sought to collect
just and adequate compensation required to be paid pursuant to US Const. Amd. 5 and Tx.
Const. Art. 1, Sec. 17 through an inverse-condemnation complaint against the State of
Texas and against other political subdivisions and officials in Hidalgo. Texas claimed
immunity to the lawsuit and generally gifted its political subdivisions and officials immunity
as well through interlocutory orders, even though there was a mandate from the 13th Court
of Appeal (see case no. 13-13-00341-CV) to take Partain to trial. Partain collected his just
and adequate compensation on the debt that was owed since the State would not litigate in
its own courts.
Thereafter, the State of Texas (Appellee), filed its First Amended Petition and
Application for Temporary Restraining Order, Temporary Injunction, and Permanent
Injunction in the Travis County District Court parallel case no. D-1-GN-24-002560 (Travis)
(see C.R. 8-20) to enjoin Partain from collecting the debt1 that he sued for in the Hidalgo
case. The State complained that pursuant to section 9.5185 of the Texas Business and
Commerce Code and based on its “information and belief ”, that the State did not owe
Johnny Partain a debt (C.R. 10, ¶ 10-14). The state complained that “Partain knew or
should have known that he does not have a security interest in any of the State’s property…
because “The [Hidalgo] Court dismissed Partain’s claims (cause no. C-0929-12-F) with
prejudice on January 4, 2021.” C.R. 10-11, ¶ 15. The State relied upon it fraud on the Travis
Court and based its Travis case on the Hidalgo case regarding the same parties and the
same debt, claiming it did not owe a debt based on interlocutory orders in Hidalgo case,
1 Neither the US Const. Amd. 5 nor the Tx. Const. Art. 1, Sec. 17, mention a debt. “Debt’ is the word the State of Texas
uses to describe its failure to pay just and adequate compensation as required by the constitutions.
which it rephrased as “information and belief.” The existence of two conflicting judgments
on the same debt between the same parties necessitates the application of preclusion
doctrines in this case for judicial efficiency and consistency, including res judicata and
collateral estoppel.
The State being intent on preventing Partain from collecting his just and adequate
compensation as required by the US and Texas constitutions prayed that the Court would
permanently enjoin Partain [sic] “from attempting to collect the alleged security interest (the
debt) described in the Financing Statement.”(Id. ¶ 36, 37) - which also referred to “just and
adequate compensation.” But, Partain had already collected the State’s debt to him making
relief in the Travis Court moot, making this appeals moot. See attached ORDER
DISMISSING CAUSE AS MOOT.
Specifically, Texas sought “(1) a permanent injunction enjoining Partain from
attempting to collect the alleged debt or security interest described in the fraudulent
Financing Statement and enjoining Partain from filing further fraudulent financing
statements against the State; (2) a declaration by the Court that the fraudulent Financing
Statement is void and unenforceable; (3) a release of the financing statement; (4) an order
requiring Partain to file an addendum releasing the State from Partain’s fraudulent security
interest; (5) $5,000 in statutory damages; (6) reasonable attorney’s fees and costs; (7) all
applicable pre- and post- judgment interest; (8) and any other relief in law or equity to
which the State is justly entitled. First Am. Pet.” C.R. 16; 29, ¶ 4. The State only received
partial relief on its first 3 requests to prevent Partain from collecting his just and adequate
compensation from the State. But again, Partain had already collected his just and adequate
compensation from the State making relief in the Travis Court moot, and making this
appeals moot. See attached ORDER DISMISSING CAUSE AS MOOT.
II. ARGUMENT
A. This Court Must Take Judicial Notice of the Final and Binding Hidalgo District
Court Judgment.
Appellant has properly requested that this Court take judicial notice of the July 29,
2025 Order from the 332nd District Court of Hidalgo County in his Appellant’s Motion To
Take Judicial Notice Of Final Judgment Pursuant To TRE 201 (c) (2) filed on September
30, 2025 in this appeals court. This order is a public record, capable of accurate and ready
determination, and thus constitutes an adjudicative fact under Texas Rule of Evidence 201.
The Order explicitly finds that Johnny Partain was compensated “just and adequate
compensation," a finding that conclusively resolves the core issue of collecting a debt from
the State of Texas in the original inverse-condemnation case, and the core issue of
collecting that same debt from the State of Texas in the Travis case. Since there are no
other live issues, the Hidalgo order undermines and moots the Travis case which relied
upon the Hidalgo case per the State of Texas’ own Travis First Amended Petition.
While appellate review is generally limited to the trial record, the court must consider
post-judgment events that bear on subject-matter jurisdiction and mootness.
B. The State's Failure to Challenge the Judgment Confirms Its Finality and
Preclusive Effect.
The State of Texas objected to the order only in this appeals Court, but critically,
failed to challenge its validity in the originating district court within the mandatory plenary
power period (approximately 30 to 105 days). This inaction is not a mere procedural detail;
it is the legal fact that transforms the order into an absolutely final, binding, and
unassailable judgment.
The State's assertion that the order is the subject of "active dispute" is misleading
and irrelevant to this appeals Court when the State voluntarily chose not to pursue the legal
mechanisms available to them in the trial court to have the judgment set aside within the
time periods established by Texas Rule of Civil Procedure 329b. An “active dispute” is not
the same as a reasonable dispute, or even a legal dispute. Texas Rule of Evidence 201. The
judgment stands as a final adjudication.
C. The Doctrine of Mootness Eliminates This Court's Jurisdiction.
A case is moot when the controversy between the parties has ceased to exist or has
been resolved. The original injunction being appealed sought to prevent the collection of
compensation. The final judgment confirms the compensation was collected and the claim
settled. There is no UCC lien to collect against the State because it has already been
collected.
Mootness is a constitutional limitation on judicial authority, not a matter of judicial
administration or prudence. A case can become moot at any time, including on appeal.
The Texas Supreme Court has consistently held that courts must dismiss a case that is moot
for want of jurisdiction. Camarena v. Texas Employment Com’n 754 S.W.2d 151, “[I]t is
axiomatic that appellate courts do not decide cases in which no controversy exists between
the parties. City of West University Place v. Martin, 132 Tex. 354, 123 S.W.2d 638 (1939);
Texas Parks Wildlife Dept. v. Texas Assoc. of Bass Clubs, 622 S.W.2d 594 (Tex.App. —
Austin 1981, writ ref'd n.r.e.). Generally, a case is determined to be moot "when the issues
presented are no longer 'live' or the parties lack a legally cognizable interest in the
outcome." Murphy v. Hunt, 455 U.S. 478, 102 S.Ct. 1181, 71 L.Ed. 353 (1982), citing United
States Parole Comm'n v. Geraghty, 445 U.S. 388, 100 S.Ct. 1202, 63 L.Ed.2d 479 (1980),
quoting Powell v. McCormack, 395 U.S. 486, 89 S.Ct. 1944, 23 L.Ed.2d 491 (1969).” We
have reiterated—and described as a “fundamental rule”—that a “court may not reach the
merits if it finds a single valid basis to defeat jurisdiction.” Rattray v. City of Brownsville,
662 S.W.3d 860, 868 (Tex. 2023). The entry of the Hidalgo final judgment means there is no
live controversy for this Court to adjudicate since there is no relief the Travis Court or
Appeals Court can provide except to illegally and collaterally attack the final judgment of
the Hidalgo Court. This case is Moot.
Further, there is specific language in the Texas Constitution that removes the State’s
authority, including a court’s authority to violate a citizen’s right to just and adequate
compensation. Tx. Const. Art. 1 Sec. 29 states, “To guard against transgressions of the
high powers herein delegated, we declare that every thing in this "Bill of Rights" is excepted
out of the general powers of government, and shall forever remain inviolate, and all laws
contrary thereto, or to the following provisions, shall be void.” Even the excuse of due
process is left wanting. Tx. Const. Art. 1 Sec. 29 voids any acts of the State of Texas to
uncompensate Partain, again making this case moot. The court must vacate any orders or
judgments previously issued and dismiss the case for want of jurisdiction. Heckman v.
Williamson Cnty., 369 S.W.3d 137, 162 (Tex. 2012).
III. PRAYER
WHEREFORE PREMISES CONSIDERED, Johnny Partain respectfully prays that
this Court GRANT this motion for rehearing and reconsideration, take judicial notice of
the July 29, 2025 Order which is also attached hereto, VACATE its prior order denying the
motion to dismiss, vacate any orders or judgments previously issued and DISMISS this
appeal for lack of subject-matter jurisdiction. Alternately, Johnny Partain respectfully
requests clarification on how the instant case is not Moot.
Respectfully Submitted,
___________________________
Johnny Partain
7020 N 16th Street
McAllen, Texas 78504
partain@atlastechnologies.biz
956-240-1821
CERTIFICATE OF CONFERENCE
As required by TRAP 10.1(a)(5), I certify that I have conferred, or made a reasonable
attempt to confer, with all other parties through Mr. Kyle Argenbright, Assistant Attorney
General Litigation Division, Kyle.Argenbright@oag.texas.gov, about the merits of this
motion. There was no response.
Date: December 2, 2025
CERTIFICATE OF SERVICE
This certifies that a true and correct copy of the foregoing document has been
serviced by email to Mr. Kyle Argenbright, Assistant Attorney General General Litigation
Division, Kyle.Argenbright@oag.texas.gov, on this December 2, 2025.
___________________________
Johnny Partain
7020 N 16th Street
McAllen, Texas 78504
partain@atlastechnologies.biz
956-240-1821
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Envelope ID: 108641876
Filing Code Description: Motion for Rehearing
Filing Description: Motion For Rehearing/Clarification Dismissal For
Mootness
Status as of 12/3/2025 8:21 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Johnny Partain partain@atlastechnologies.biz 12/2/2025 10:51:52 PM SENT
Kyle Argenbright Kyle.Argenbright@oag.texas.gov 12/2/2025 10:51:52 PM SENT
Chelsea Goodman chelsea.goodman@oag.texas.gov 12/2/2025 10:51:52 PM SENT
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