SAN ANTONIO – A court hearing on whether to set a date for a recall election in Floresville resulted in more confusion on Friday.
After hearing both sides Friday afternoon, visiting Judge Dick Acala said he couldn't make a ruling, because the writ of mandamus was filed prematurely.
The writ can only be ruled on if the council fails to set a recall election date after a public hearing. A public hearing is scheduled for 7 p.m. Friday.
During the hearing, Mayor Sherry Castillo and council members Daniel Tejada and Juan Ortiz will get to present evidence and speak on their behalf.
What is still unclear is whether the citizens of Floresville will get the recall of the three city leaders on a ballot in May.
An attorney for the petitioners, Javier Villalobos, believes it will happen.
"Interpretation of state law is made by the Texas Supreme Court, and the Texas Supreme Court cases that we provided, provide that the deadlines are directly not mandatory," Villalobos said. "The city of Floresville will get a recall election."
City Attorney Chris Hugg was ordered to relay to the mayor and council members, who were not in attendance, to continue to stick to the deadlines per city charter. If they did not, he would have to come back and make a ruling.