(The Brownsville Times)
Special to El Rrun-Rrun
Justice Jaime Tijerina said that Peña was notified that she was delinquent in remitting the $205 filing fee despite the fact that the clerk of the court notified her twice, once on April 29, and and on May 11.
The clerk notified Peña twice that the appeal was subject to dismissal if the fe was not paid within 10 days from the date of the letter.
"Appellant has not paid the filing fee nor otherwise responded to the notices from the clerk requiring a response or other action within the time specified, accordingly, the appeal is dismissed for want of prosecution," Tijerina wrote.on JUne 30.
On April, San Patricio County visiting District Judge Joshua Johnson denied a motion for a new trial in Marisa F. Leal's challenge to Pena's election to the BISD Board of Trustees.
Leal initially won the Nov. 3, 2020 election by one vote. Pena asked for a recount and prevailed by eight votes, 16,552 to 16,544 for Leal and 10,575 for Joe A. Rodriguez. The vote was canvased, Pena was declared the winner and was sworn in Dec. 9, 2020 to her fourth term on the board.
Leal sued and the matter went to trial Jan 6-7 in 107th state District Court, with Johnson presiding because under state law the challenge had to be heard by a judge outside the county where the challenged election took place.
Johnson ruled that 24 illegally cast votes made it impossible to determine the election's true winner and ordered a new election for May 7, with early voting by personal appearance from April 25-May 3.
Brownsville attorney Rick Zayas is representing Pena and Gilberto Hinojosa, also of Brownsville, is representing Leal.
Zayas moved for a new trial, arguing that the illegally cast votes had to be attributed to each candidate on a percentage basis. Hinojosa countered that established precedent in such cases only requires a showing that the votes were cast illegally for them to be thrown out.
Johnson said he couldn't find a case that supported Zayas' position and denied the motion.
Peña appealed.
7 comments:
Enough shenanigans over this matter. What the hell is Minerva doing, or should I ask WHY? This position once to be a prestigious one, but since board members decided their pockets were more significant than contributions to the improvement of education, who wants to be a board member. It is a sorry situation, but we all have seen what goes on at our board meeting, and not just only for the school board, and so one can not dismiss the real reason why some fight for such a position. If Minerva qualifies for food stamps, that makes us wonder where she gets the money to hire attorney and even run a campaign for any position. Ya Minnie-Winnie "quit your fart."
How much is a BISD school board member compensated? There must be money in these positions if people are fighting for them. Please don’t tell me it’s because of their love for kids. Orale Montoya run for school board trustee. I along with my cousin Pablo Diego José Francisco de Paula Juan Nepomuceno María de los Remedios Cipriano de la Santísima Trinidad Ruiz y Picasso will vote for you.
That POS retired DPS will do anything to get out of paying or much less try to get her position back and screw the BISD taxpayers any way she can? With her big mouth which she used quite a bit while on her knees probably contributed to the death of her daughter in law by talking her to death. She did speak up for a convicted and pedophile during the Punishment Phase after a guilty verdict.
Fork out the money you worthless woman!
Eddie Garcia no fucking balls as president for BISD
Richard Zayas, do you really think you are going to win with an out of town judge?
Rick, are you doing this pro-bono? Where do you think Minerva is going to get the money to pay you? The same way you and Ruben got paid when you were on the board? Enough is enough! Stop sucking BISD!
The Brownsville Independent School District administration suck tired of this shit that's why BISD does not progress
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