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TABLE OF CONTENTS


Overview

Agency History

Scope and Contents of the Records

Arrangement of the Records

Restrictions

Index Terms

Related Material

Administrative Information

Description of Series

Case files, 1967-1975,

Texas State Library and Archives Commission

Texas Court of Appeals (14th):

An Inventory of Case Files at the Texas State Archives, 1967-1975



Overview

Creator: Texas. Court of Appeals (14th)
Title: Case files
Dates: 1967-1975
Abstract: Records comprise the 1967-1975 case files of the Texas Court of Appeals (14th). The documents provide evidence of the activities of the Fourteenth Court of Appeals in the adjudication of Texas civil court cases. All case files bear numbers assigned by the initial trial court and the appeal case number, but the cases can only be accessed by the vault number assigned by the Fourteenth Court.
Quantity: 161 cubic ft.
Location: Please note that the case files are stored at the State Records Center. Because of the possibility that portions of these records may be restricted, these records must be reviewed by an archivist before they can be accessed for research. Records requested before 10:00 a.m. will usually be available for review by an archivist by 4:00 p.m. the same day. Records requested after 10:00 a.m. and before 3:00 p.m will usually be available for review by an archivist by noon the next day. See the "Restrictions on Access" statement in this document for further information.
Repository: Texas State Archives

Agency History

Three characteristics of the judicial system in Texas distinguish it from the national norm: it has two appellate courts of last resort, its trial courts do not have uniform jurisdiction of subject matter, and its judges are chosen in partisan elections. The state has three levels of trial courts-district, county, and inferior-and there is no uniformity of jurisdiction among the courts at each level. To be sure of a trial court's jurisdiction, one must examine the statute that established it. There are two levels of appellate courts: the courts of appeals and the two courts of last resort, which are the Court of Criminal Appeals and the Supreme Court. The appellate level courts are the courts of appeals, the Texas Court of Criminal Appeals, and the Supreme Court.

Following Reconstruction, the Texas Supreme Court became overwhelmed with cases on appeal. To help relieve the burden, the Texas Court of Appeals (later known as the Texas Court of Criminal Appeals) was created by constitutional amendment in 1876 and an intermediate level of appeals courts for civil cases was established by constitutional amendment in 1891 (Texas Constitution, Article V, Section 1). At an 1892 special session called to implement the 1891 constitutional amendment , the 22nd Texas Legislature, through Senate Bill 18, divided the state into three supreme judicial districts. These new courts of civil appeals (later renamed courts of appeals) were given jurisdiction over most civil appeals from the district and county courts; further review by the Supreme Court was discretionary with that court. The courts of civil appeals were also given original jurisdiction of appeals in non-capital criminal cases, and the Court of Criminal Appeals was given jurisdiction for discretionary review of the decisions. The system of intermediate appellate courts made it possible for the Supreme Court to regulate its docket by exercising its discretion to deny review of most appeals. Another advantage of the new courts was that the capacity of the civil appellate system could be expanded by the formation of more courts of civil appeals.

In 1967 the state was divided into fourteen court of appeals districts by an amendment to the Texas Constitution (Article V, Section 1); in each is a court of appeals that has a chief justice and at least two other justices, who serve four-year terms. Courts of appeals hear most appeals from the county and district trial courts (the biggest exception being death-penalty cases, which go directly to the Court of Criminal Appeals). An appeal to these courts is based on the written record of a trial. The appellate courts do not hear witnesses. The decisions of the courts of appeals may be reviewed by the Court of Criminal Appeals (in criminal law matters) or the Supreme Court (in other kinds of cases), except that the decisions of the courts of appeals on questions of fact are conclusive.

The Fourteenth Court of Appeals is composed of a Chief Justice and eight justices. It has intermediate appellate jurisdiction of both civil and criminal cases appealed from lower courts in thirteen Texas counties; in civil cases where judgment rendered exceeds $100, exclusive of costs, and other civil proceedings as provided by law; and in criminal cases except in post -conviction writs of habeas corpus and where the death penalty has been imposed (Texas Government Code Annotated, Section 22.201). The Fourteenth Court serves the Houston, Texas area, hearing cases from the following counties: Austin, Brazoria, Burleson, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Trinity, Walker, Waller, and Washington. The Court disposed of a total of 1,430 cases in fiscal year 2002.

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Scope and Contents of the Records

Records consist of appeal briefs, opinions, transcripts, decisions, exhibits, motions, and correspondence that comprise the 1967-1975 case files of the Texas Court of Appeals (14th). Researchers should note that the exhibits included in the cases can date back to, at least, the 1950s. The documents provide evidence of the activities of the Fourteenth Court of Appeals in the adjudication of Texas civil court cases. All case files bear numbers assigned by the initial trial court and the appeal case number, but the cases can only be accessed by the vault number assigned by the Fourteenth Court.

To prepare this inventory, the described materials were cursorily reviewed to delineate series, to confirm the accuracy of contents lists, to provide an estimate of dates covered, and to determine record types.

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Arrangement of the Records

The records are arranged in roughly numerical order by vault number. The researcher must contact the court (phone: (713) 655-2800; fax: (713) 650-8550) to determine the vault number that corresponds to each case. (Vault number 1090 is, for example, case number 1197.) Elements of two cases whose case and vault numbers are unknown are listed by style at the end.

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Restrictions

Restrictions on Access

The Case files are in off-site storage. Records requested before 10:00 a.m. will usually be available for review by an archivist by 4:00 p.m. the same day. Records requested after 10:00 a.m. and before 3:00 p.m will usually be available for review by an archivist by noon the next day.

Case files may possibly contain documents sealed by the court, and therefore excepted from public disclosure by the Texas Public Information Act, Section 552.107(2). When a researcher requests a case, the file will be reviewed by an archivist in order to remove sealed documents. The researcher will be informed that sealed documents have been removed from the file and it will then be up to the researcher to obtain permission from the 14th Court of Appeals to access the documents.

Case files may possibly also contain personal information of jurors and prospective jurors. According to the Texas Code of Criminal Procedure, Article 35.29, information collected by the court or by a prosecuting attorney during the jury selection process about a person who serves as a juror, including the juror's home address, home telephone number, social security number, driver's license number, and other personal information, is confidential and may not be disclosed by the court, the prosecuting attorney, the defense counsel, or any court personnel except on application by a party in the trial or on application by a bona fide member of the news media acting in such capacity to the court in which the person is serving or did serve as a juror. On a showing of good cause, the court shall permit disclosure of the information sought. (Acts 1993, 73rd Leg., ch. 371, § 1, eff. Sept. 1, 1993) The Court of Criminal Appeals has verified that juror information is to be withheld from the public according to the statute cited above. Therefore, when a case is requested, an archivist will review the case to ascertain whether or not juror information is present. If such information is found, the researcher will be informed and the documents will be removed from the file. If an individual wishes to access juror information, they will have to obtain permission from the 14th Court of Appeals. Because the judiciary is not covered by the Texas Public Information Act, the Archives cannot estimate how long it will take the Court to respond to a request.

Case files may possibly also contain non-court documents. Before a researcher is granted access to a case, an archivist will review the files and remove all such materials. The researcher will be informed if materials are removed. If the researcher wishes to access the documents, the Archives will contact the 14th Court of Appeals to determine the appropriate course of action on a case-by-case basis. Because the judiciary is not covered by the Texas Public Information Act, the Archives cannot estimate how long it will take the Court to respond to a request.

Restrictions on Use

Most records created by Texas state agencies are not copyrighted and may be freely used in any way. State records also include materials received by, not created by, state agencies. Copyright remains with the creator. The researcher is responsible for complying with U.S. Copyright Law (Title 17 U.S.C.).

Technical Requirements

None.

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Index Terms

The terms listed here were used to catalog the records. The terms can be used to find similar or related records.
Subjects:
Appellate courts--Texas.
Judicial opinions--Texas.
Court records--Texas.
Document Types:
Case files--Texas--Appellate courts--1967-1975.
Functions:
Adjudicating.

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Related Material

The following materials are offered as possible sources of further information on the agencies and subjects covered by the records. The listing is not exhaustive.

Texas State Archives
Texas Supreme Court, Records, 1840-1980, 6,155.41 cubic ft.
Texas Court of Appeals (1st), Records, 1877-1975 (bulk 1892-1975), 867 cubic ft. and 85 volumes

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Administrative Information

Preferred Citation

(Identify the item), Case files, Texas Court of Appeals (14th). Archives and Information Services Division, Texas State Library and Archives Commission.

Accession Information

Accession numbers: 1980/307, 1982/116, 1985/216

These records were transferred to the Houston Metropolitan Research Center, a Regional Historical Resource Depository [RHRD] of the Texas State Library and Archives Commission, by the Fourteenth District Court of Civil Appeals on July 1, 1980; October 6, 1981; and August 29, 1985. In 2003, the Houston Metropolitan Research Center chose to drop its RHRD status and the records of the Fourteenth Court were shipped to the Texas State Archives in Austin during December 2003.

Processing Information

Nancy Enneking, April 2004

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Detailed Description of the Records

 

Case files, 1967-1975,
161 cubic ft.

Box
234-1 Vault numbers 1 thru 6
Box
234-2 Vault numbers 4 thru 7
Box
234-3 Vault numbers 8 thru 13
Box
234-4 Vault numbers 14 thru 20
Box
234-5 Vault numbers 21 thru 25
Box
234-6 Vault numbers 26 thru 29
Box
234-7 Vault numbers 28 thru 34
Box
234-8 Vault numbers 35 thru 42
Box
234-9 Vault numbers 43 thru 48
Box
234-10 Vault numbers 49 thru 53
Box
234-11 Vault numbers 54 thru 60
Box
234-12 Vault numbers 61 thru 70
Box
234-13 Vault numbers 71 thru 78
Box
234-14 Vault numbers 79 thru 82
Box
234-15 Vault numbers 83 thru 88
Box
234-16 Vault numbers 87 thru 96
Box
234-17 Vault numbers 92 thru 104
Box
234-18 Vault numbers 98 thru 106
Box
234-19 Vault numbers 107 thru 120
Box
234-20 Vault numbers 108 thru 111
Box
234-21 Vault numbers 118 thru 125
Box
234-22 Vault numbers 123 thru 131
Box
234-23 Vault numbers 130 thru 132
Box
234-24 Vault numbers 132 thru 135
Box
234-25 Vault numbers 136 thru 143
Box
234-26 Vault numbers 144 thru 154
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234-27 Vault numbers 155 thru 164
Box
234-28 Vault numbers 165 thru 169
Box
234-29 Vault numbers 170 thru 176
Box
234-30 Vault numbers 177 thru 183
Box
234-31 Vault numbers 184 thru 189
Box
234-32 Vault numbers 190 thru 195
Box
234-33 Vault numbers 195 thru 201
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234-34 Vault numbers 202 thru 211
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234-35 Vault numbers 212 thru 216
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234-36 Vault numbers 217 thru 225
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234-37 Vault numbers 226 thru 232
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234-38 Vault numbers 233 thru 241
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234-39 Vault numbers 242 thru 246
Box
234-40 Vault numbers 247 thru 254
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234-41 Vault numbers 255 thru 263
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234-42 Vault numbers 264 thru 276
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234-43 Vault numbers 277 thru 286
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234-44 Vault numbers 287 thru 290
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234-45 Vault numbers 291 thru 296
Box
234-46 Case file 296
Box
234-47 Vault numbers 296 thru 303
Box
234-48 Vault numbers 304 thru 307
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234-49 Vault numbers 308 thru 310
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234-50 Vault numbers 311 thru 317
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234-51 Vault numbers 318 thru 328
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234-52 Vault numbers 329 thru 333
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234-53 Vault numbers 334 thru 340
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234-54 Vault numbers 341 thru 344
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234-55 Vault numbers 346 thru 349
Box
234-56 Vault numbers 350 thru 360
Box
234-57 Vault numbers 361 thru 369
Box
234-58 Vault numbers 370 thru 375
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234-59 Vault numbers 376 thru 377
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234-60 Vault numbers 378 thru 395
Box
234-61 Vault numbers 381 thru 387
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234-62 Vault numbers 388 thru 400
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234-63 Vault numbers 401 thru 405
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234-64 Vault numbers 406 thru 411
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234-65 Vault numbers 412 thru 416
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234-66 Vault numbers 417 thru 423
Box
234-67 Vault numbers 423 thru 429
Box
234-68 Vault numbers 430 thru 436
Box
234-69 Vault numbers 437 thru 442
Box
234-70 Vault numbers 443 thru 445
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234-71 Vault numbers 446 thru 459
Box
234-72 Vault numbers 456 thru 464
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234-73 Vault numbers 465 thru 474
Box
234-74 Vault numbers 472 thru 482
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234-75 Vault numbers 481 thru 486
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234-76 Vault numbers 487 thru 501
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234-77 Vault numbers 500 thru 510
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234-78 Vault numbers 505 thru 516
Box
234-79 Vault numbers 516 thru 521
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234-80 Vault numbers 522 thru 529
Box
234-81 Vault numbers 530 thru 540
Box
234-82 Vault numbers 541 thru 549
Box
234-83 Vault numbers 550 thru 562
Box
234-84 Vault numbers 561 thru 569
Box
234-85 Vault numbers 567 thru 572
Box
234-86 Vault numbers 570 thru 580
Box
234-87 Vault numbers 578 thru 588
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234-88 Vault numbers 585 thru 593
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234-89 Vault numbers 594 thru 601
Box
234-90 Vault numbers 600 thru 611
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234-91 Vault numbers 610 thru 620
Box
234-92 Vault numbers 621 thru 629
Box
234-93 Vault numbers 630 thru 638
Box
234-94 Vault numbers 639 thru 642
Box
234-95 Vault numbers 642 thru 647
Box
234-96 Vault numbers 648 thru 659
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234-97 Vault numbers 656 thru 660
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234-98 Vault numbers 660 thru 666
Box
234-99 Vault numbers 667 thru 671
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234-100 Vault numbers 672 thru 679
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234-101 Vault numbers 680 thru 687
Box
234-102 Vault numbers 688 thru 694
Box
234-103 Vault numbers 695 thru 699
Box
234-104 Vault numbers 700 thru 707
Box
234-105 Vault numbers 708 thru 713
Box
234-106 Vault numbers 714 thru 718
Box
234-107 Vault numbers 719 thru 724
Box
234-108 Vault numbers 725 thru 734
Box
234-109 Vault numbers 735 thru 742
Box
234-110 Vault numbers 743 thru 748
Box
234-111 Vault numbers 749 thru 758
Box
234-112 Vault numbers 761 thru 766
Box
234-113 Vault numbers 767 thru 774
Box
234-114 Vault numbers 775 thru 780
Box
234-115 Vault numbers 781 thru 788
Box
234-116 Vault numbers 789 thru 796
Box
234-117 Vault numbers 797 thru 804
Box
234-118 Vault numbers 803 thru 808
Box
234-119 Vault numbers 809 thru 816
Box
234-120 Vault numbers 817 thru 824
Box
234-121 Vault numbers 824 thru 828
Box
234-122 Vault numbers 829 thru 838
Box
234-123 Vault numbers 839 thru 845
Box
234-124 Vault numbers 846 thru 852
Box
234-125 Vault numbers 853 thru 860
Box
234-126 Vault numbers 861 thru 871
Box
234-127 Vault numbers 871 thru 876
Box
234-128 Vault numbers 877 thru 885
Box
234-129 Vault numbers 886 thru 894
Box
234-130 Vault numbers 895 thru 902
Box
234-131 Vault numbers 903 thru 910
Box
234-132 Vault numbers 911 thru 914
Box
234-133 Vault numbers 915 thru 922
Box
234-134 Vault numbers 923 thru 926
Box
234-135 Vault numbers 926 thru 928
Box
234-136 Vault numbers 929 thru 932
Box
234-137 Vault numbers 932 thru 937
Box
234-138 Vault numbers 938 thru 944
Box
234-139 Vault numbers 945 thru 952
Box
234-140 Vault numbers 953 thru 960
Box
234-141 Vault numbers 961 thru 967
Box
234-142 Vault numbers 968 thru 976
Box
234-143 Vault numbers 977 thru 983
Box
234-144 Vault numbers 984 thru 989
Box
234-145 Vault numbers 990 thru 998
Box
234-146 Vault numbers 998 thru 1004
Box
234-147 Vault numbers 1005 thru 1012
Box
234-148 Vault numbers 1012 thru 1014
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234-149 Vault numbers 1015 thru 1020
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234-150 Vault numbers 1021 thru 1025
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234-151 Vault numbers 1026 thru 1030
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234-152 Vault numbers 1030 thru 1035
Box
234-153 Vault numbers 1036 thru 1044
Box
234-154 Vault numbers 1045 thru 1050
Box
234-155 Vault numbers 1051 thru 1056
Box
234-156 Vault numbers 1057 thru 1061
Box
234-157 Vault numbers 1062 thru 1066
Box
234-158 Vault numbers 1067 thru 1079
Box
234-159 Vault numbers 1080 thru 1089
Box
234-160 Vault numbers 1090 thru 1094
Box
221-1043 Henry M. Anderson, Trustee v. City of League City, et al., filed June 10, 1970
[numbers 386 and 105,539 are written on the cover]
Sira J. Eubank, et al. v. The City of Houston, et al., filed August 16, 1973
[numbers B4379 and 946,542 are written on the cover]

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