Opinion
CAUSE NO. 12-13-00358-CV
05-30-2014
DARLENE FIKE AS NEXT FRIEND OF HUNTER E. BODINE, A MINOR CHILD, APPELLANT v. TRAVIS MILLER, ET AL, APPELLEE
APPEALED FROM 3RD
DISTRICT COURT IN AND FOR
ANDERSON COUNTY, TEXAS
PER CURIAM ORDER
Having reviewed the brief filed by Appellant, the Court is of the opinion that further briefing, including appropriate citations to authorities, is necessary on the issues presented in this appeal. See TEX. R. APP. P. 38.9(b).
IT IS THEREFORE ORDERED that Appellant, on or before fifteen (15) days from the date of this Order, shall submit additional briefing to the Court on the following:
Appellant contends that the trial court had jurisdiction over her Section 1983 claim, and thus, the trial court erred when it dismissed her action against Appellees. Before this court can address the merits of Appellant's argument, Appellant must provide additional briefing that (1) specifies the nature of Appellant's Section 1983 claim, (2) identifies the constitutional basis for the claim, and (3) directs the Court's attention to the facts pleaded that evidence the claim or, if necessary, explains why Appellant should be provided an opportunity to replead.
IT IS FURTHER ORDERED that Appellee, on or before fifteen (15) days after the date further briefing is filed in this Court by Appellant, may respond to Appellant's further briefing.
WITNESS the Honorable James T. Worthen, Chief Justice of the Court of Appeals, 12Court of Appeals District of Texas, at Tyler.
GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office this the 30th day of May 2014, A.D.
CATHY S. LUSK, CLERK
12 COURT OF APPEALS
By: __________
Katrina McClenny, Chief Deputy Clerk