Rodrick Samples v. the Dallas County Special Civil Service Commission, Et A.

• Court: Court of Appeals of Texas
• Decided: July 31, 2014
• Docket: 05-14-00920-CV
• Status: Published

Opinion

Order entered July 31, 2014

In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00920-CV

RODRICK SAMPLES, Appellant

V.

THE DALLAS COUNTY SPECIAL CIVIL SERVICE COMMISSION, ET AL., Appellees

On Appeal from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-12-11245

ORDER Before the Court is appellant’s July 25, 2014 motion asking this Court to remand this

case for a hearing on his Texas Rule of Civil Procedure 306a motion. The filing of a notice of

appeal does not deprive the trial court of jurisdiction to rule on his rule 306a motion. See Wells

Fargo Bank, N.A. v. Erickson, 267 S.W.3d 139, 148 (Tex. App.—Corpus Christi 2008, no pet.).

Accordingly, we DENY appellant’s motion as moot.

A hearing on appellant’s motion is scheduled for August 6, 2014. On the Court’s own

motion, we ORDER Gary Fitzsimmons, Dallas County Clerk, to file, ON OR BEFORE

AUGUST 15, 2014, a supplemental clerk’s record containing the trial court’s written order on

appellant’s motion. We DIRECT the Clerk of this Court to send a copy of this order by electronic transmission to the Honorable Jim Jordan, Judge of the 160th Judicial District Court,

Gary Fitzsimmons, and all counsel of record.

/s/ ADA BROWN JUSTICE