TAFT, Texas — The Thirteenth Court of Appeals has denied a motion by Taft City Manager Ryan Smith that sought to dismiss an appeal filed against him by the city's mayor and councilmembers. The court's order, issued Jan. 13, allows the appeal to proceed.
Smith had asked the appellate court to dismiss the appeal for "want of jurisdiction due to filing by unauthorized counsel," arguing the Bojorquez Law Firm, which is representing Mayor Elida Castillo and three councilmembers, lacked proper authority to file the appeal on their behalf.
The same day the court denied Smith's motion, attorneys for the city officials filed a detailed response objecting to his claims.
In the filing, attorney Scott M. Tschirhart argued Smith’s motion was "procedurally improper" because it was not a sworn motion as required by Texas Rule of Civil Procedure 12 to challenge an attorney's authority.
The response also cited case law stating such a challenge cannot be raised for the first time on appeal and must be presented to the trial court.
The filing asserts that municipalities and public officials sued in their official capacity cannot represent themselves in court and must have licensed legal counsel.
Tschirhart stated his firm maintains a "Special Counsel" relationship with the City of Taft, authorized by a unanimous city council vote in June 2023 and a subsequent engagement letter. He included a Dec. 12, 2025, email from Mayor Castillo specifically authorizing him to represent the council in the lawsuit Smith filed.
The appeal stems from Smith's lawsuit against Castillo, Mayor Pro Tem Esmeralda Cruz-Molina, Alderwoman Mariah Moreno and Alderman Alonzo Molina. That lawsuit alleges the city leaders acted beyond their legal authority.
A San Patricio County district judge previously denied Smith’s request for a temporary injunction and declined to dismiss the lawsuit following a hearing on Jan. 8, allowing the case to proceed at the trial court level. Smith, who is representing himself in the matter, argued during that hearing that council actions had "clouded the lines of the chain of command."
With the appellate court's denial of Smith's motion to dismiss, the councilmembers' appeal of the case will now move forward in the Thirteenth Court of Appeals.
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