Johnny Partain v. State of Texas

Court of Appeals of Texas·Decided February 13, 2025·No. 15-25-00005-CV·Published

Opinion

Print or Print to SAVE AS PDF. ACCEPTED 15-25-00005-CV Appellate Docket Number: 15-25-00005-CV FIFTEENTH COURT OF APPEALS Appellate Case Style: Johnny Partain AUSTIN, TEXAS Vs. State of Texas 2/13/2025 3:11 PM Companion Trial Court Case Number: D-1-GN-24-002560 CHRISTOPHER A. PRINE Case(s): CLERK Amended/Corrected Statement FILED IN 15th COURT OF APPEALS DOCKETING STATEMENT (Civil) AUSTIN, TEXAS Appellate Court: 15th Court of Appeals 2/13/2025 3:11:52 PM (to be filed in the court of appeals upon perfection of appeal under TRAP 32) A. PRINE CHRISTOPHER Clerk NOTE: Because space for additional parties / attorneys is limited on this form, you can include the information on a separate document. As per TRAP 32.1 and 9.4, please include party’s name and the name, address, email address, telephone number, fax number, if any, and State Bar Number of the party’s lead counsel. If the party is not represented by an attorney, that party’s name, address, telephone number, fax number should be provided.

I. Appellant II. Appellant Attorney(s) - Continued Person Organization Lead Attorney Select Name: Johnny Partain Name: ✔ Pro Se Bar No. If Pro Se Party, enter the following information: Firm/Agency: Address: 7020 N 16th Street Address 1: City/State/Zip: McAllen, Texas, 78504 Address 2: Tel. (956) 240-1821 Ext. Fax: City/State/Zip: Email: partain@atlastechnologies.biz Tel. Ext. Fax: II. Appellant Attorney(s) Email: Lead Attorney Select Lead Attorney Select Name: Name: Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email: Lead Attorney Select Lead Attorney Select Name: Name: Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email:

Page 1 of 11 III. Appellee IV. Appellee Attorney(s) - Continued Person Organization Lead Attorney Select Name: State of Texas Name: Pro Se Bar No. If Pro Se Party, enter the following information: Firm/Agency: Address: Address 1: City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Email: Tel. Ext. Fax: Email: IV. Appellee Attorney(s) Lead Attorney Appointed Attorney Lead Attorney Select

Name: Ali Thorburn Name: Bar No. 24125064 Bar No. Firm/Agency: Texas Attorney General Office Firm/Agency: Address 1: P.O. Box 12548 Address 1: Address 2: Address 2: City/State/Zip: Austin, Texas 78711-2548 City/State/Zip: Tel. (512) 475-4392 Ext. Fax: Tel. Ext. Fax: Email: Ali.Thorburn@oag.texas.gov Email:

Lead Attorney Select Lead Attorney Select

Name: Name: Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email:

Page 2 of 11 V. Perfection of Appeal, Judgment and Sentencing Nature of Case (Subject matter or type of case): Injunction Date Order or Judgment signed: 12/19/2019 Type of Judgment: Original Proceeding Date Notice of Appeal filed in Trial Court: 01/27/2025 If mailed to the Trial Court clerk, also give the date mailed: Interlocutory appeal of appealable order: Yes No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):

Accelerated Appeal (See TRAP 28): Yes No If yes, please specify statutory or other basis on which appeal is accelerated:

Parental Termination or Child Protection? (See TRAP 28.4): Yes No Permissive? (See TRAP 28.3): Yes No If yes, please specify statutory or other basis for such status:

Agreed? (See TRAP 28.2): Yes No If yes, please specify statutory or other basis for such status:

Appeal should receive precedence, preference, or priority under statute or rule? Yes No If yes, please specify statutory or other basis for such status: Tex. R. App. P. 40.1 - Judgment was intended to violate Appellant's civil rights to property, due process

Does this case involve an amount under $100,000? Yes No Judgment or Order disposes of all parties and issues? Yes No Appeal from final judgment? Yes No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Yes No If yes, you must also complete and file the Challenge to Constitutionality of a State Statute form. If yes, is the Attorney General of Texas a party to the case? Yes No

VI. Actions Extending Time to Perfect Appeal Motion for New Trial: Yes No If yes, date filed: 01/17/2025 Motion to Modify Judgment: Yes No If yes, date filed: Request for Findings of Fact and Conclusions of Law: Yes No If yes, date filed: Motion to Reinstate: Yes No If yes, date filed: Motion under TRCP 306a: Yes No If yes, date filed: Other: Yes No If Other, please specify:

Page 3 of 11 VII. Indigency of Party (Attach file stamped copy of Statement and copy of the trial court order.) Was Statement of Inability to Pay Court Costs filed in the trial court? Yes No If yes, date filed: Was a Motion Challenging the Statement filed in the trial court? Yes No If yes, date filed: Was there any hearing on appellant’s ability to afford court costs? Yes No Hearing Date: Did trial court sign an order under Texas Rule of Civil Procedure 145? Yes No

Date of Order: If yes, trial court finding: Challenge Sustained Overruled VIII. Bankruptcy Has any party to the court’s judgment filed for protection in bankruptcy which might affect this appeal? Yes No If yes, please attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number:

IX. Trial Court and Record Court: 126TH JUDICIAL DISTRICT Clerk’s Record County: Travis County Trial Court Clerk: ✔ District County Trial Court Docket No. (Cause No.): Was Clerk’s record requested? ✔ Yes No D-1-GN-24-002560 If yes, date requested: 01/29/2025 Trial Court Judge (who tried or disposed of the case): If no, date it will be requested: Name: Scott McCown Were payment arrangements made with clerk? Address 1: 1700 Guadalupe St. ✔ Yes No Indigent Address 2: C & F Court Facility, Room 4.700 (Note: No request required under TRAP 34.5(a),(b).) City/State/Zip: Austin, TX 78701 Tel. Ext. Fax: Email:

Page 4 of 11 IX. Trial Court and Record - Continued Reporter’s or Recorder’s Record Is there a Reporter’s Record? Yes No Was Reporter’s Record requested? Yes No If yes, date requested: 01/29/2025 If no, date it will be requested: Was the Reporter’s Record electronically recorded? Yes No Were payment arrangements made with the court reporter/court recorder? Yes No Indigent

Court Reporter Court Recorder Court Reporter Court Recorder Official Substitute Official Substitute Name: Kasi Chapman Name: Address 1: P.O. Box 1748 Address 1: Address 2: Address 2: City/State/Zip: Austin, Texas 78767 City/State/Zip: Tel. (512) 854-5464 Ext. Fax: Tel. Ext. Fax: Email: Kasi.chapman@traviscountytx.gov Email:

X. Supersedeas Bond Supersedeas bond filed? Yes No If yes, date filed: If no, will file? Yes No

XI. Extraordinary Relief Will you request extraordinary relief (e.g., temporary or ancillary relief) from this Court? Yes No If yes, briefly state the basis for your request: It is the Appellant's position that the State of Texas has no authority to litigate against him or to confiscate his property without payment. Appellant will be requesting a writ of prohibition.

Page 5 of 11 XII.

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Johnny Partain v. State of Texas, (Tex. Ct. App. 2025).

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