Christopher Garcia and Patrick Mendoza v. Ronald E. Bruno

• Court: Court of Appeals of Texas
• Decided: May 18, 2015
• Docket: 04-15-00269-CV
• Status: Published

Opinion

Ronald E.

Fourth Court of Appeals San Antonio, Texas May 14, 2015

No. 04-15-00269-CV

Christopher GARCIA and Patrick Mendoza, Appellants

v.

Ronald E. BRUNO, Appellee

From the 111th Judicial District Court, Webb County, Texas Trial Court No. 2015CVQ000699 D2 Honorable Monica Z. Notzon, Judge Presiding

ORDER On April 27, 2015, appellant Patrick Mendoza filed a premature notice of appeal acknowledging that the trial court had not entered an appealable order but stating the notice of appeal was necessary to protect Mendoza’s rights in the event a federal court issued a preliminary injunction in a separate cause. On April 28, 2014, appellant Christopher Garcia also filed a premature notice of appeal for the same reasons.

On May 8, 2015, appellant Patrick Mendoza filed a motion to dismiss his appeal, stating, “The appeal was filed prematurely, and the appeal is no longer necessary.” Because no appealable order has been entered, this court questions whether this court has jurisdiction to retain appellant Christopher Garcia’s appeal on the docket of this court. It is therefore ORDERED that appellant Christopher Garcia show cause in writing no later than two weeks from the date of this order why this court has jurisdiction to consider his appeal.

_________________________________ Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 14th day of May, 2015.

___________________________________ Keith E. Hottle Clerk of Court