Bexar County District Attorney's Office v. Frank Hernandez

• Court: Court of Appeals of Texas
• Decided: December 17, 2014
• Docket: 04-14-00792-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas December 16, 2014

No. 04-14-00792-CV

BEXAR COUNTY DISTRICT ATTORNEY'S OFFICE, Appellant

v.

Frank HERNANDEZ, Appellee

From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2011-CI-14755 Honorable Laura Salinas, Judge Presiding

ORDER On November 13, 2014, appellant filed a Notice of Appeal complaining of the trial court’s denial of its plea to the jurisdiction, which appellant contends was signed by the trial court on October 24, 2014. The judge’s note contained in the clerk’s record states the plea was denied; however, this note does not constitute a signed written appealable order. Attempts by the clerk of this court to obtain a written order from the trial court or the parties have been unsuccessful.

Appellant is therefore ORDERED to have filed a supplemental clerk’s record containing a written, signed, and dated order from the trial court that denies appellant’s plea to the jurisdiction no later than December 29, 2014. If a supplemental clerk’s record containing such an order is not filed by December 29, 2014, this appeal will be dismissed.

_________________________________ Sandee Bryan Marion, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of December, 2014.

___________________________________ Keith E. Hottle Clerk of Court