Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Star Houston, Inc. v. Bray

The Texas Supreme Court did not hold in Commercial Life Insurance Co. v. Texas State Board of Insurance (1989), which appellant relies on, that, regardless of the applicable statutory language, any agency order or decision of which an agency is required to provide notice will become final only when the notice is given. Therefore, absent an amendment by the legislature, this court cannot depart from the plain language of the Administrative Procedure Act ��2001.144(a)(2)(A) and 2001.176. Under those statutes, the Texas Department of Transportation?s September 12, 2008 rendition of its order, not appellant?s receipt of notice thereof, triggered the 30-day period for Star to file a petition for judicial review. Appellant?s petition for judicial review was untimely. Austin Court of Appeals, No. 03-09-00508-CV, 04-28-2010

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

The motor vehicle division of the Texas Department of Transportation (the “Division”) entered a final order in a contested case brought by appellant Star Houston, Inc., d/b/a Star Motor Cars (“Star”) against appellee Mercedes-Benz USA, LLC (“MBUSA”). Star filed a motion for rehearing with the Division. The Division denied Star’s motion for rehearing. Star filed a petition for judicial review in district court against MBUSA and appellee Brett Bray in his official capacity as director of the Division. However, Star’s petition was not filed within 30 days of the date on which the Division’s order denying Star’s motion for rehearing was rendered. As a result, the district court dismissed Star’s suit as untimely under the Administrative Procedure Act (the “APA”). Star argues that its petition was timely because it was filed within 30 days of the date on which Star received notice of the Division’s order. Alternatively, Star argues that the district court should have remanded the case to the Division to obtain new evidence regarding when the Division’s order was, in fact, rendered. We affirm the judgment of the district court.

Factual and Procedural Background

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Labor & Employment Counsel - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Counsel in our renowned Labor & Employment Department, working w...


Apply Now ›
(NEW) ASSISTANT GENERAL COUNSEL WANTED FOR PRIVATELY HELD HEALTHCARE COMPANY (Oak Brook, IL)

Our client, a large, privately-owned healthcare company, has engaged us to find an Assistant General Counsel for their headquarters located ...


Apply Now ›
MATRIMONIAL ASSOCIATE ATTORNEY - NEW YORK

A prestigious matrimonial law firm in Garden City is seeking a skilled Associate Attorney with 5 to 7 years of experience in family law. The...


Apply Now ›
Go to Lawjobs