Charles Ronald Wade v. Harris County, Harris County Department of Education, Port of Houston Authority of Harris County, Harris County Flood Control District, Harris County Hospital District, City of Houston, Houston Independent School District, and Houston Community College Sy

Opinion

ACCEPTED 01-15-00155-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 9/16/2015 3:01:35 PM CHRISTOPHER PRINE CLERK

CASE NO. 01-15-00155-CV

FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS FOR THE FIRST JUDICIAL DISTRICT 9/16/2015 3:01:35 PM HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk

CHARLES WADE, APPELLANT VS.

HARRIS COUNTY, ET AL., APPELLEES

On Appeal from the 295TH Judicial District Court of Harris County, Texas, Trial Court No. 2011-69056

APPELLEES’ REQUEST FOR MANDATE TO BE ISSUED

LINEBARGER GOGGAN BLAIR & SAMPSON, LLP 4828 Loop Central Drive, Suite 600 Houston, Texas 78701 (713) 844-3405 direct phone (713) 844-3400 main phone (713) 844-3504 fax Edward J. (Nick) Nicholas State Bar No. 14991350 Nick.Nicholas@lgbs.com Anthony W. (Tony) Nims State Bar No. 15031500 Tony.Nims@lgbs.com

ATTORNEYS FOR APPELLEES

APPELLEES’ REQUEST FOR MANDATE TO BE ISSUED

Pursuant to Rules 10 and 18, TEX. R. APP. P., Harris County, City of Houston,

Houston Independent School District, and Houston Community College System

(“Appellees”) file this Request for a Mandate to be Issued, and would respectfully

show as follows:

I. ARGUMENT & AUTHORITIES

1. On June 16, 2015, this Court issued a Judgment dismissing this appeal.

2. Pursuant to Rule 18(a), TEX. R. APP. P., a Court of Appeals may issue

a mandate after seventy (70) days if no party files: (a) a motion for rehearing or en

banc reconsideration, (b), a motion to extend time to file a motion for rehearing or

en banc reconsideration, (c) a petition for review in the Supreme Court, or (4) a

motion to extend time to file a petition for review.

3. More than seventy (70) days have passed since the Court issued its

Judgment, and no party has filed a rule-compliant motion for rehearing1 or en banc

reconsideration, a petition for review in the Supreme Court, or a motion to extend

the time for filing any motion or petition.

1 On July 7, 2015, the Court’s Clerk returned Appellant’s Motion for Rehearing for noncompliance with the Texas Rules of Appellate Procedure.

2

II. CONCLUSION AND PRAYER FOR RELIEF

4. For these reasons, Appellees ask the Court to grant this Request and to

issue a Mandate to the trial court.

Respectfully submitted,

LINEBARGER GOGGAN BLAIR & SAMPSON, LLP

By:

Edward J. (Nick) Nicholas State Bar No. 14991350 4828 Loop Central Drive, Suite 600 Houston, Texas 78701 (713) 844-3405 direct phone (713) 844-3504 fax Nick.Nicholas@lgbs.com

ATTORNEYS FOR APPELLEES

CERTIFICATE OF SERVICE I certify that a copy of Appellees’ Motion to Dismiss was served by first-class

U.S. Mail, certified/return receipt requested, on Charles Ronald Wade, 4318

Woodmont, Houston, Texas 77045.

By:

Edward J. (Nick) Nicholas