Lyde’s legal team files motion to vacate order, dismiss case
CLAY COUNTY, Texas (KAUZ) - Former Clay County Sheriff Jeff Lyde’s legal team has filed a motion in hopes to vacate the order removing him as sheriff and to dismiss the case entirely.
News Channel 6 has obtained a copy of that motion. It was filed in the 97th Judicial District Court on Thursday morning. The filing is asking the Judge to dismiss this case for, “lack of jurisdiction.”
Lyde’s legal team claims the basis for vacating the order and dismissing the case stems from Chapter 87 Tex. Local Gov. Code that mandates strict interpretation and compliance with its provisions, which are jurisdictional in nature. They say, as a result:
1. The order is void because the Court never had subject matter jurisdiction.
2. The Petitioner’s pleadings are defective because they were not in strict compliance with Chapter 87 Local Government Code’s verification requirements.
3. Frank Douthitt was allowed to participate as an attorney in the removal proceeding when he had no standing to do so.
4. The State was allowed to introduce evidence not contained in the current pleading on file during the temporary suspension hearing.
The case used for argument and authority is Johnson vs. Mooney, 241 S.W. 308 (Tex. Civ. App. 1922. no writ) along with several supporting cases.
The filing states the petition was not styled properly and that it was not filed with the proper person. The motion also states both Petitioner Douthitt and District Attorney Hall failed to verify documents related to the petition. Some documents were verified by only Hall, according to the filing.
Stick with News Channel 6 as we continue to follow this developing story.
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