State of Texas and Carlos Cascos, in His Official Capacity as Texas Secretary of State v. Lawrence Edward Meyers and Myrtis Evans

Dismiss and Opinion Filed May 11, 2016

Court of Appeals

S In The

Fifth District of Texas at Dallas

No. 05-15-00965-CV STATE OF TEXAS AND CARLOS CASCOS, IN HIS OFFICIAL CAPACITY AS

TEXAS SECRETARY OF STATE, Appellants

V. LAWRENCE EDWARD MEYERS AND MYRTIS EVANS, Appellees

On Appeal from the 134th Judicial District Court

Dallas County, Texas Trial Court Cause No. DC-14-09939

MEMORANDUM OPINION

Before Justices Bridges, Francis, and Myers

Opinion by Justice Bridges While appellants’ interlocutory appeal from their plea to the jurisdiction was pending in this Court, appellees filed a nonsuit. We conclude the nonsuit deprived this Court of jurisdiction. We dismiss this interlocutory appeal for want of jurisdiction.

Lawrence Edward Meyers1 and Myrtis Evans filed suit against the State of Texas, Carlos Cascos in his official capacity as Texas Secretary of State, and Toni Pippins-Poole in her official capacity as Dallas County Elections Administrator. The suit challenged the constitutionality of the election code provisions requiring an acceptable form of photographic identification before voting (the Voter ID law). See TEX. ELEC. CODE ANN. §§ 63.001-63.011 (West Supp. 2015). The State, Cascos, and Pippins-Poole filed a plea to the jurisdiction, which the trial court denied, and then brought an interlocutory appeal.

Following oral argument in this Court, Meyers and Evans filed a nonsuit in the trial court. The State and Cascos filed a notice advising this Court of the nonsuit. The nonsuit deprived this Court of jurisdiction. Univ. of Tex. v. Estate of Blackmon, 195 S.W.3d 98, 100-01 (Tex. 2006) (nonsuit extinguishes case or controversy from “the moment the motion is filed” or oral motion made in open court).

Accordingly, we dismiss this interlocutory appeal for want of jurisdiction.

/David L. Bridges/ DAVID L. BRIDGES

150965F.P05 JUSTICE

S

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

STATE OF TEXAS AND CARLOS On Appeal from the 134th Judicial District CASCOS, IN HIS OFFICIAL CAPACITY Court, Dallas County, Texas AS TEXAS SECRETARY OF STATE, Trial Court Cause No. DC-14-09939. Appellants Opinion delivered by Justice Bridges.

Justices Francis and Myers participating. No. 05-15-00965-CV V. LAWRENCE EDWARD MEYERS AND MYRTIS EVANS, Appellees

In accordance with this Court’s opinion of this date, the appeal is DISMISSED for want of jurisdiction.

It is ORDERED that each party bear its own costs of this appeal.

Judgment entered May 11, 2016.