State ex rel. Henderson v. Honorable Jodie Asel
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The Supreme Court made permanent the preliminary writ of mandamus directing Respondent, the Honorable Jodie Asel, to enter a judgment in Jennifer Henderson’s case against the Business Loop Community Improvement District, Tom May, and Carrie Gartner (collectively, Defendants), holding that a writ of mandamus is an appropriate remedy to compel Respondent to sign and file a judgment resolving Henderson’s claims.
Henderson filed suit against Defendants asserting claims challenging the results of a sales tax election. Respondent sustained Defendants’ motion to dismiss and dismissed the cause without prejudice. Henderson then filed a motion for Respondent to denominate the dismissal order a “judgment” so she could appeal. The motion was overruled. Henderson later petitioned the court of appeals for a writ directing Respondent to denominate the dismissal order a judgment. The court of appeals denied the petition, and Henderson then petitioned the Supreme Court for the same relief. The Court issued a preliminary writ of mandamus, which it made permanent, holding that because the dismissal order was intended to resolve all of Henderson’s claims against Defendants it was a judgment and must be denominated as such.
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