Pressley v. Casar (Per Curiam)Annotate this Case
In this election contest for a city council seat the Supreme Court reversed the judgment of the court of appeals affirming a sanctions award, vacated that award, and then dismissed the appeal of the election contest as moot, holding that the appeal was moot to the extent it challenged the election results but that the award of sanctions was an abuse of discretion.
The trial court granted summary judgment in favor of the contestee, the candidate who received the most votes, and declared the contest the winner of the election. The court then awarded sanctions against the contester, the losing candidate, and her attorney for bringing frivolous claims. The court of appeals affirmed. The contester and her attorney appealed again, challenging the election and sanctions. Meanwhile, the contestee was reelected and began his second term in office. The Supreme Court held (1) the election contest is now moot, and no exception to the mootness doctrine applies; and (2) the trial court abused its discretion in sanctioning Appellants for making non-frivolous arguments, and the court of appeals erred in affirming the sanctions.