Henry v. Sullivan (Per Curiam)
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The Supreme Court reversed the judgment of the trial court and court of appeals holding that the law grants authority to decide whether a statutory probate court judge receives a supplemental salary for serving as the local administrative statutory probate court judge to the statutory probate court judge, not the county commissioners court, holding that the lower courts erred.
Plaintiff, judge of the Galveston County statutory probate court and the county's local administrative statutory probate court judge, filed this suit against the commissioners court's members in their official capacities, arguing that Defendants abused their discretion by acting arbitrarily and capriciously in striking from the county budget Plaintiff's supplemental salary for her services as the local administrative statutory probate judge. The trial court entered judgment in favor of Plaintiff, and the court of appeals affirmed. The Supreme Court reversed, holding (1) Texas law grants commissioners the authority to decide whether to pay Plaintiff a supplemental salary; and (2) Plaintiff failed to establish any basis to find that the commissioners abused that discretion.
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