CourtListener 10671406•Johnny Partain v. State of Texas
Texte intégral
ACCEPTED
15-25-00005-CV
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
No. 15-25-00005-CV 9/10/2025 7:08 PM
CHRISTOPHER A. PRINE
CLERK
FILED IN
15th COURT OF APPEALS
In The
AUSTIN, TEXAS
9/10/2025 7:08:05 PM
Fifteenth Court Of Appeals CHRISTOPHER A. PRINE
Clerk
JOHNNY PARTAIN
Appellant
v.
STATE OF TEXAS
Appellee
Appellant’s Reply To Appellee’s Response To His Motion To
Dismiss For Mootness
JOHNNY R. PARTAIN
7020 N 16th Street
McAllen, Texas 78504
956-240-1821
No. 15-25-00005-CV
In The
Fifteenth Court Of Appeals
JOHNNY PARTAIN
Appellant
v.
STATE OF TEXAS
Appellee
Appellant’s Reply To Appellee’s Response To His Motion To
Dismiss For Mootness
TO THE HONORABLE JUSTICES OF THIS COURT:
COMES NOW JOHNNY PARTAIN, Appellant in the above styled and numbered
cause and files his Appellant’s Reply To Appellee’s Response To His Motion To Dismiss For Mootness,
and respectfully shows unto the Court the following.
1. Appellee’s response1 to Appellant’s motion to dismiss for Mootness demonstrates
exactly why Travis County District Court case no. D-1-GN-24-002560 (Travis case) is
moot. Appellee’s attorney, Ali Thorburn, refuses to honor the final order from the 332nd
Hidalgo County District Court in case no. C-0929-12-F (Hidalgo case) (a certified copy is
1 State Of Texas’s Response To Appellant’s Emergency Motion To Dismiss The District Court Case For Mootness
(response herein)
attached to Appellant’s Motion To DismissThe District Case On Mootness) adjudicating the rights
and relationship of Partain and the State of Texas. She refuses because the order
contradicts her representations to the judge in the Travis case and because the order directly
affects the rights of Partain and State of Texas in the Travis case, mooting her complaint.
She complains on p.3 of her response that “The State disputes that a taking occurred and
disputes that Partain’s attempts to take State property “compensated” him for such alleged
taking.” That’s not for her to say. Thorburn is not the state’s only attorney and arguing
against another district court’s final judgment under another state attorney is the definition
of irrelevant. The state has already accepted the final judgment in the Hidalgo case which
does affect the parties rights in the Travis case. The State of Texas was a defendant in the
Hidalgo case litigation, it was notified, and it had the opportunity to complain about
Partain, or to appeal. It did not. The State of Texas accepted the final judgment of the
Hidalgo court without Ali Thorburn’s approval.
2. Thorburn then complains on p.8 of her response that “This Court’s decision will
affect the rights of the parties in the present case. Should this Court agree with Partain and
dismiss the district court’s case, the State’s property rights will be affected.” That not
accurate since even Thorburn demonstrates through her argument that the Hidalgo case
has already effected, has already adjudicated the parties’ rights in the Travis case without a
decision from this appeals court. That’s the affect of parallel cases and the point of the
mootness. A case becomes moot if, since the time of filing, there ceases to exist a
justiciable controversy between the parties—that is, if the issues presented are no longer
“live,” or if the parties lack a legally cognizable interest in the outcome. Tex. Ass'n of Bus. v.
Tex. Air Control Bd., 852 S.W.2d 440, 443–45 (Tex.1993). The State of Texas owed Partain a
debt and Partain was finally compensated by the State of Texas for that debt. There is no
other legally cognizable interest in the outcome of the Travis case. Accordingly, the Travis
case is moot.
3. But then Thorburn argues that the final judgment in the parallel Hidalgo case means
nothing. She invites this appeals court to review the Hidalgo case’s final order by offering
up Partain’s affidavit in the case and providing excuses as to why a judge makes their
decisions. See Response at p.5-6. Thorburn is missing the whole point of the doctrine of
res judicata and why what she offers this court is forbidden. In Texas, once a case has been
decided, the doctrine of res judicata bars any review of the proceedings related to that case.
The case is over. The doctrine of res judicata "prevents the relitigation of a claim or cause
of action that has been finally adjudicated, as well as related matters that, with the use of
diligence, should have been litigated in the prior suit." Barr v. Resolution Trust Corp., 837
S.W.2d 627, 628 (Tex. 1992); Res judicata bars a party from attempting to relitigate a claim or cause
of action that a competent tribunal has finally adjudicated." Valverde v. Biela's Glass & Aluminum
Prods., 293 S.W.3d 751, 755 (Tex. App.-San Antonio 2009, pet. denied). "For res judicata to apply,
the following elements must be present: (1) a prior final judgment on the merits by a court of competent
jurisdiction; (2) the same parties or those in privity with them; and (3) a second action based on the same
claims as were raised or could have been raised in the first action." Id.
4. The State of Texas has been brought into conformance with the United States
Constitution and the Texas Constitution. Partain has been compensated his due pursuant
to the constitutions. The state has no further interest in Partain’s compensation. The state
is satisfied. Partain is satisfied. The Travis case is Moot.
Respectfully Submitted,
___________________________
Johnny Partain
7020 N 16th Street
McAllen, Texas 78504
partain@atlastechnologies.biz
956-240-1821
CERTIFICATE OF SERVICE
This certifies that a true and correct copy of the foregoing document has been
serviced by email to Ms. Ali Thorburn, Assistant Attorney General General Litigation
Division, Ali.Thorburn@oag.texas.gov on this September 10, 2025.
___________________________
Johnny Partain
7020 N 16th Street
McAllen, Texas 78504
partain@atlastechnologies.biz
956-240-1821
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Envelope ID: 105473574
Filing Code Description: Response
Filing Description: Reply to State of Texas Response to Dismiss for
Mootness
Status as of 9/11/2025 7:03 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Ali Thorburn Ali.Thorburn@oag.texas.gov 9/10/2025 7:08:05 PM SENT
Johnny Partain partain@atlastechnologies.biz 9/10/2025 7:08:05 PM SENT
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