Marta Martinez v. City of El Paso

Opinion

COURT OF APPEALS

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MARTA MARTINEZ,                             Appellant, v. CITY OF EL PASO, et al.,                             Appellees.

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No. 08-04-00011-CV Appeal from the 384th District Court of El Paso County, Texas (TC#2003-2519)

MEMORANDUM OPINION

Pending before this Court are four motions filed by appellant.

Motions for New Trial, Modify, Correct, or Reform Judgment

Appellant has filed motions requesting a new trial, and for this Court to AModify, Correct, or Reform Judgment.@  In this Court, arguments regarding the trial court=s judgment are to be made in the form of an appellate brief, once the record is filed.  See Tex. R. App. P. 38.1, 38.6.  The record for this case is not due in this Court until March 13, 2004.  Accordingly, the motions are denied.

Application for Certiorari

Appellant has filed an AApplication for Certiorari,@ in which she requests that we remove this cause to this Court and grant her a new trial.  A cause is removed to this Court by the timely filing of a notice of appeal, not by a writ of certiorari.  See Tex. R. App. P. 25.1.  Accordingly, the application for certiorari is denied.

Motion to Transfer Venue

Appellant has filed a AMotion to Transfer Venue,@ requesting that we transfer this suit to Maryland.  We have no authority to grant this relief.  Accordingly, the Motion to Transfer Venue is denied.

SUSAN LARSEN, Justice

February 19, 2004

Before Panel No. 1

Larsen, McClure, and Chew, JJ.