Fourth Court of Appeals rules in favor of Ricardo Rangel
LAREDO, Tx. (KGNS) -The Fourth Court of Appeals hands down a decision on Monday, Nov. 13, 2023, in the Daisy Campos-Rodriguez versus Ricardo “Richie” Rangel case relating to the District 2 City Council race that took place November 2022.
Back in January 2023, Rodriguez filed an appeal in the ruling made by visiting Judge Susan Reed during the trial case.
The three panel justices began reviewing the case in July 2023.
In two separate opinions, justices ruled in favor of Rangel saying, “We conclude that the true outcome of the Nov. 8, 2022, election for Laredo Council District II was that Richie received more votes than Daisy, and Richie won the election.”
Meanwhile, the City of Laredo released a statement saying:
The Tex. Elec. Code §232.016 states that the appeal of an election contest suspends the execution of the district court’s judgment “pending the disposition of the appeal.” The City Attorney finds that the only reasonable and practical interpretation is to suspend the execution of the district court’s judgment until the appeal rights for both parties, Daisy Campos Rodriguez and Ricardo “Richie” Rangel Jr., have been exhausted. The Fourth Court of Appeals affirmed Judge Susan Reed’s District Court decision. Mr. Rangel requested for the Court of Appeals to refuse entertaining a motion for rehearing. However, the Court of Appeals denied Mr. Rangel’s request but shortened the timeline to file any motion for rehearing or reconsideration to 10 days. The Court of Appeals expressed its willingness to entertain such motions. The City Attorney’s office says, it is unreasonable to interpret that the suspension of the district court’s judgment, which is to last until “the disposition of the appeal”, should be lifted prior to the Court of Appeals’ possible reconsideration. Thereafter, the party losing the request for rehearing or reconsideration has 45 days from the date of the Court of Appeals’ last ruling on the motions to file a petition for review to the Texas Supreme Court. Tex. R. App. P. 53.7(a). Ms. Campos Rodriguez’ Attorney Doug Ray sent a letter, placing the City on notice, on their intention to seek a rehearing and/or file a petition for review. Furthermore, the City Attorney’s office believes it would be impracticable to exercise the Court of Appeals’ Judgment, issued this morning, prior to Court of Appeals issuing its ruling on a motion for rehearing or reconsideration and/or the Texas Supreme Court deciding on a petition for review. Until the final disposition of all appeals in this matter, the City risks flipping the District 2 Council Member seat back and forth between Ms. Campos Rodriguez and Mr. Rangel based on intermediate court decisions. Until the final disposition of all appeals in this matter, the execution of the district court’s judgment remains suspended and Ms. Campos Rodriguez remains as the District 2 Council Member.
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