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State ex. rel. Durden v. Shahan

Fourth Court of Appeals San Antonio, Texas
Sep 2, 2020
No. 04-19-00714-CV (Tex. App. Sep. 2, 2020)

Opinion

No. 04-19-00714-CV No. 04-19-00715-CV No. 04-19-00716-CV

09-02-2020

THE STATE OF TEXAS ex. rel. Todd A. Durden, In His Official Capacity as County Attorney, Appellant v. James T. 'Tully' SHAHAN, In His Official Capacities as County Judge; Mark Frerich, In His Official Capacity as County Commissioner; Joe Montalvo, In His Official Capacity as County Commissioner; Dennis Dodson, In His Official Capacity as County Commissioner; Tim Ward, In His Official Capacity as County Commissioner; Kinney County Commissioners Court and Kinney County, Appellees


From the 63rd Judicial District Court, Kinney County, Texas
Trial Court Nos. 4845, 4863, & 4866
Honorable Sid L. Harle, Judge Presiding

ORDER

On August 17, 2020, appellant filed a consolidated brief in appeals nos. 04-00714-CV, 04-00715-CV, and 04-00716-CV. On August 19, 2020, appellees filed a motion in each appeal to strike the brief. Appellees complain that appellant filed a consolidated brief without permission, the brief exceeds the word limit allowed by the Texas Rules of Appellate Procedure, the Statement of Procedure improperly contains legal argument, and the brief contains either no or improper citation to the reporter's and clerk's records. On August 19, 2020, appellant filed a motion requesting an extension of word limits and that a consolidated brief be allowed.

We GRANT appellant's request to consolidate these appeals, and we DENY appellant's request for an extension of word limits. Appellees' motion to strike appellant's brief is GRANTED. Appellant's brief is STRICKEN, and appellant is ordered to file a brief that complies with the Texas Rules of Appellate Procedure. Appellant's brief is due on or before October 2, 2020. Requests for an extension of time in which to file appellant's brief will be disfavored. Appellees' briefs are due thirty days following the date upon which appellant's brief is filed.

/s/_________

Irene Rios, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 2nd day of September, 2020.

/s/_________

MICHAEL A. CRUZ, Clerk of Court


Summaries of

State ex. rel. Durden v. Shahan

Fourth Court of Appeals San Antonio, Texas
Sep 2, 2020
No. 04-19-00714-CV (Tex. App. Sep. 2, 2020)
Case details for

State ex. rel. Durden v. Shahan

Case Details

Full title:THE STATE OF TEXAS ex. rel. Todd A. Durden, In His Official Capacity as…

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Sep 2, 2020

Citations

No. 04-19-00714-CV (Tex. App. Sep. 2, 2020)