Opinion
No. 05-12-00640-CV
05-21-2012
IN RE JOHN WESLEY STRACHAN, JR., Relator
Writ of Mandamus Denied, Opinion Filed May 21, 2012
Original Proceeding from the County Court at Law No. 2
Kaufman County, Texas
Trial Court Cause No. 12C-0075-2
MEMORANDUM OPINION
Before Justices O'Neill, Francis, and Murphy
Opinion by Justice Francis
Relator contends the county court at law erred in dismissing his appeal from the justice court's decision divesting him of ownership of ten horses and one donkey under Tex. Health & Safety Code Ann. § 821.023 (West Supp. 2011). The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relator has not shown he is entitled to the relief requested. See Tex. R. App. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). The county court at law lost jurisdiction ten days after it received the clerk's record, and it could not rule on relator's appeal after that date. Tex. Health & Safety Code Ann. § 821.025(d) (West Supp. 2011). Accordingly, we DENY relator's petition for writ of mandamus.
However, because relator timely perfected an appeal from the justice court's judgment, that court's forfeiture order is no longer valid. See Advance Imports, Inc. v. Gibson Prod. Co. of Sherman, 533 S.W.2d 168, 170 (Tex. App.-Dallas 1976, no writ) (justice court's judgment “is vacated by filing the appeal bond”); see also In re Garza, 990 S.W.2d 372, 374 (Tex. App.-Corpus Christi 1999, orig. proceeding) (“Any dismissal by the [county] court after the appeal is perfected is a dismissal of the entire cause of action and leaves the matter standing as if no suit had been filed.”). We therefore ORDER the animals seized from relator be returned to him and his appeal bond released.
MOLLY FRANCIS
JUSTICE
120640F.P05