$17,060.00 U.S. Currency (Christopher M. Cassity) v. the State of Texas
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Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-24-00273-CV __________________
$17,060.00 U.S. CURRENCY (CHRISTOPHER M. CASSITY), Appellant
V.
THE STATE OF TEXAS, Appellee
__________________________________________________________________
On Appeal from the 253rd District Court Liberty County, Texas Trial Cause No. 23DCCV01239 __________________________________________________________________
MEMORANDUM OPINION
On August 12, 2024, Christopher M. Cassity filed a petition for a permissive
appeal from an order denying what he styled as a “Special Appearance” in an asset
forfeiture case. See Tex. R. App. P. 28.3.
The trial court denied Cassity’s Special Appearance after hearing arguments
in a non-evidentiary hearing. An amended order signed by the trial court on July 30,
2024, grants permission to appeal the trial court’s denial and finds there is a
controlling question of law as to which there is a substantial ground for difference
1 of opinion regarding “[w]hether Plaintiff has diligently prosecuted its suit to prevent
dismissal for violation of limitation of actions.” Cassity contends the State failed to
exercise due diligence in perfecting service as a matter of law. The State argues a
permissive appeal is neither ripe nor appropriate because untried contested fact
issues predominate over legal issues.
The trial court denied the “Special Appearance” and could have determined
that Cassity failed to establish that he is entitled to have his special appearance
granted “as a matter of law.” Here, the question presented is whether the State
exercised due diligence. That question is dependent upon the underlying facts and
not on a legal issue on which there is a substantial difference of opinion. The facts
should be developed in the trial court. Additionally, we cannot agree that granting
permission to appeal materially advances this case.
We deny the petition for a permissive appeal. See Tex. R. App. P. 28.3(l).
PETITION DENIED.
PER CURIAM
Submitted on September 25, 2024 Opinion Delivered September 26, 2024
Before Johnson, Wright and Chambers, JJ.
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