Brimer-Davis lawsuit to be heard

DALLAS _ Attorneys are set to make oral arguments before the 5th Court of Appeals in Dallas on Oct. 2 at 1 p.m. on whether former Fort Worth Councilwoman Wendy Davis is ineligible to run against Republican state Sen. Kim Brimer.

Oral arguments had been scheduled here in Fort Worth last week until the Supreme Court of Texas moved the case to the Dallas appeals court last week after 2nd Court of Appeals Chief Justice John Cayce asked that it be moved to Dallas.

When interviewed last week, Chief Justice Cayce did not give a reason for moving the case.

In July, a state district court ruled that Davis is eligible to challenge Brimer, but he appealed that decision, arguing that Davis failed to vacate her office before declaring her candidacy for the State Senate District 10 seat.

Because the case remained unsettled after Aug. 22 — the deadline for candidates to be declared ineligible — Davis’ name will appear on the ballot. A spokesman for the Texas Secretary of State has said that should an ineligible candidate win a race that seat would remain vacant until a special election is held.

- Anthony Spangler