Opinion
No. 07-09-0278-CV
March 22, 2010.
Appealed from the 237th District Court of Lubbock County; No. 2009547,036; Honorable Sam Medina, Judge.
Before QUINN, HANCOCK and PIRTLE, JJ.
DISSENTING OPINION
I join the majority in finding that the trial court had jurisdiction to hear this matter; however, I write separately to dissent from the majority's finding that the trial court did not erroneously dismiss this case. A statutory expunction proceeding is civil rather than criminal in nature. Collin County Criminal District Attorney's Office v. Dobson, 167 S.W.3d 625 (Tex.App.-Dallas 2005, no pet.). On July 15, 2009, the trial court scheduled this matter for a hearing. Twelve days later, on July 27th, 2009, the trial court summarily entered an order of dismissal. A trial court erroneously dismisses a civil proceeding when it dismisses a proceeding without appropriate due process. Because Appellant was not afforded the opportunity of a hearing or the procedural benefits of a summary judgment proceeding, I would reverse the order of the trial court and remand for further proceedings.