H. T. Vondy v. Commissioners Court Uvalde County

This is an appeal from a mandamus action. Petitioner H. T. Vondy, the duly elected constable of Precinct 6 in Uvalde County, sought a writ of mandamus against the Commissioners Court of Uvalde County and four of its five members, County Judge J. R. White, Commissioners Gene Isle, Gilbert Torres, and Norment Foley, to compel them to set a reasonable salary for Vondys office. One commissioner, Woodrow Head, was not named as a party, but no objection was made to his absence in the trial court. The trial court entered judgment denying Vondy relief. The court of civil appeals vacated the trial courts judgment and dismissed the cause, holding the failure to join Commissioner Woodrow Head was fundamental error. 601 S.W.2d 808. We reverse the judgment of the court of civil appeals and remand the cause to the trial court for further proceedings consistent with this opinion.