State Ex Rel Angelini v. Hardberger, 932 S.W.2d 489 (Tex. 1996).
Aug 30, 1996OUTCOME: The Court denied the writ, holding Hardberger did not vacate his office until the effective date of his resignation.
Petition for a writ of quo warranto to determine whether a resignation letter by Justice Hardberger entitled him to continue holding that office or the Governor may appoint a new Justice. The letter ... was dated June 1996, for a resignation effective on January 1, 1997. Texas statute provides that "[i]f an officer submits a resignation, whether to be effective immediately or at a future date, a vacancy occurs on the date the resignation is accepted by the appropriate authority or on the eighth day after the date of its receipt by the authority, whichever is earlier." Hardberger sought to trigger an election, while simultaneously not triggering the Governor's appointment authority.
