PLEASE NOTE: Nothing in this publishing or on this website should be taken as legal advice.
City of Kyle Fails to Serve Legal Document on Prior Kyle Police Department Union President
The City of Kyle indefinitely suspended Prior Union President and Sergeant, Jesse Espinoza, on May 15, 2015. Espinoza appealed the suspension, and his appeal went to arbitration. The case was heard before a hearing examiner provided by the American Arbitration Association (the “AAA”) and was assigned Case Number 01-16-0002-0054.
On March 2, 2018, Dr. Paula Ann Hughes delivered the opinion and award in arbitration in favor of the City of Kyle. On May 31, 2018, Espinoza filed an “Original Petition to Vacate Arbitration Award.”
On April 14, 2022, the City of Kyle filed an answer to the petition. On May 25, 2022, the Court held a hearing on the City of Kyle’s answer to Espinoza’s petition. In the hearing, the Court asked the parties to file briefs related to the question of whether there was any “authority that says the civil practice code overrides Texas Local Government Code 143.
The Court gave the City of Kyle and Espinoza thirty days to file a response. However, the City of Kyle filed an unopposed motion for continuance on June 20, 2022. The court did not sign the motion, nor did it specify any new due date for the briefs.
The City of Kyle and Espinoza held a conference and Espinoza believed the parties would wait to get a date certain from the Court before filing any briefs. The Court did not provide a date, but the City of Kyle filed a brief titled:
City of Kyle’s Brief Regarding Hearing Examiner Option in Section 143.051 of the Texas Local Government Code and Why that Provision Does Not Constitute “Arbitration” Under the Texas Arbitration Act.
The brief was not served on Espinoza. It was filed on July 24, 2022. The City of Kyle claimed through a certification of service statement that Espinoza was served the brief. In this case, the City of Kyle claimed it would e-mail Espinoza rather than e-file and serve the document.
On August 9, 2022, Espinoza obtained a copy of the City of Kyle’s brief through the website www.research.txcourts.gov.
Espinoza is Requesting Sanctions from the Court Over the City of Kyle’s Failure to Properly Serve a Legal Document
Espinoza claims that when a party, such as the City of Kyle in this case, does not properly serve a legal document under the appropriate rules and processes that the Court can impose sanctions.
Espinoza claims there should be no issue to efile and serve the document, but in this matter the City of Kyle claimed it emailed the document. Thus, it is Espinoza’s belief the City of Kyle had intentions to not timely provide the brief and the mode to present the brief could be considered circumstantial evidence.
Espinoza has asked the court to order the City of Kyle’s answer to the petition to be struck, or void.
A City of Kyle Council meeting scheduled for August 12, 2022, shows an Executive Session with “[a] settlement offer made in Cause No. 18-1282, Jesse Espinoza v. City of Kyle, Texas, in the 22nd Judicial District Court of Hays County, Texas
Please note, the use of Espinoza in this publishing should be interchangeable or replaceable to his legal counsel – Debra Edmondson (State Bar 24045824).
And the use of the City of Kyle in this publishing should be interchangeable or replaceable to the City’s legal counsel – Bettye Lynn (State Bar 11540500)
A Couple of Our Other Reads
You may be interested in reading our publishing on the City of Kyle being sued in Federal Court over a malicious prosecution matter, after two failed in forma pauperis attempts to serve a lawsuit on the arrest prior to the prosecution attempt.
Or you may be interested in our publishing on the City of Kyle City Manager being placed on leave due to an internal complaint.
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