Joe Dale Bond v. State of Texas

• Court: Court of Appeals of Texas
• Decided: January 27, 2011
• Docket: 11-10-00370-CV
• Status: Published

Opinion

Order filed January 27, 2011

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-10-00370-CV

                                      JOE DALE BOND, Appellant

                                                             V.

                                      STATE OF TEXAS, Appellee

                                   On Appeal from the 39th District Court

                                                           Haskell County, Texas

                                                       Trial Court Cause No. 5855

                                                                     O R D E R

            Upon reviewing the clerk’s record in this cause, it appears that Joe Dale Bond has filed a premature pro se notice of appeal from the trial court’s “order to withdraw funds” from Bond’s inmate trust account.  That document is not a final appealable order.  See Harrell v. State, 286 S.W.3d 315, 316 n.1, 321 (Tex. 2009) (“withdrawal order” is actually a notification from the court, not an order; inmate entitled to an opportunity to be heard on his post-notification motion); Webb v. State, 324 S.W.3d 229 (Tex. App.—Amarillo 2010, no pet.); Ramirez v. State, 318 S.W.3d 906 (Tex. App.—Waco 2010, no pet.).  However, at the same time he filed the notice of appeal, Bond also filed in the trial court a motion to strike the order to withdraw inmate funds.  An order ruling on that motion would be appealable.  See Harrell, 286 S.W.3d 315.  Therefore, we abate this appeal to give Bond an opportunity to be heard on his motion and to give the trial court an opportunity to enter a ruling on the motion to strike and thereby enter an appealable order.  See Webb, 324 S.W.3d 229 (abating similar case for the entry of an appealable order). 

The trial court is directed to act on Bond’s motion to strike on or before March 28, 2011.  The district clerk is directed to prepare and file in this court a supplemental clerk’s record containing any orders entered or findings made by the trial court, and if a hearing is held on the motion, the court reporter is directed to prepare and file a reporter’s record of such hearing.  This appeal will be reinstated upon receipt of the supplemental record, which is now due for filing in this court on or before April 27, 2011, or within thirty days after the trial court enters an order on Bond’s motion to strike.

The appeal is abated. 

                                                                                    PER CURIAM

January 27, 2011

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.