Nathaniel Jones III v. Houston Police Deparment, Harris County Sheriff's Department, Texas Department of Public Safety, and the Harris County District Attorney

• Court: Court of Appeals of Texas
• Decided: September 18, 2012
• Docket: 14-11-00757-CV
• Status: Published

Opinion

Order filed September 18, 2012

In The

Fourteenth Court of Appeals ____________

NO. 14-11-00756-CV NO. 14-11-00757-CV NO. 14-11-00759-CV ____________

NATHANIEL JONES III, Appellant

V.

HOUSTON POLICE DEPARMENT, ET AL, Appellee

On Appeal from the 133rd District Court Harris County, Texas Trial Court Cause No. 2010-50804, 2010-50601, and 2010-50603

ORDER In each of these appeals, the trial court signed an order dismissing the case for want of prosecution. The clerk's records were filed. Appellant has filed a brief in each appeal, claiming no notice was given of the trial court’s intention to dismiss for want of prosecution.1 See Tex. R. Civ. P. 165a.

Our review has determined that a relevant item has been omitted from each of the clerk's records. See Tex. R. App. P. 34.5(c). The records do not contain any notices of the trial court’s intention to dismiss. See Tex. R. Civ. P. 165a.

The Harris County District Clerk is directed to file a supplemental clerk’s record in each case on or before September 28, 2012, containing the notice of the trial court’s intention to dismiss. See Tex. R. Civ. P. 165a.

In each case, if the omitted item is not part of the case file, the district clerk is directed to file a supplemental clerk’s record containing a certified statement that the omitted item is not a part of the case file.

PER CURIAM

1 “The failure to provide adequate notice of the trial court's intent to dismiss for want of prosecution requires reversal.” Villarreal v. San Antonio Truck & Equipment, 994 S.W.2d 628, 630 (Tex. 1999)