Ruben Rios v. Texas Department of Public Safety

Opinion

Fourth Court of Appeals San Antonio, Texas August 17, 2018

No. 04-17-00652-CV

Ruben RIOS, Appellant

v.

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellee

From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2017W0521 Honorable Lori I. Valenzuela, Judge Presiding

ORDER

Sitting: Karen Angelini, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice

In the underlying cause, Ruben Rios filed a petition for expunction, which sought expunction of all criminal records and files pertaining to an arrest. On July 21, 2017, the trial court signed an order granting Rios relief and ordering the expunction of all criminal records and files related to the arrest. On August 18, 2017, the Department of Public Safety filed a motion for new trial. On October 3, 2017, the trial court signed an order granting the Department’s motion for new trial and setting aside its prior expunction. Rios then filed a notice of appeal stating his intent to appeal from the trial court’s October 3, 2017 order.

“An order granting a new trial is an unappealable, interlocutory order.” Fruehauf Corp. v. Carrillo, 848 S.W.2d 83, 84 (Tex. 1993); see also Cummins v. Paisan Constr. Co., 682 S.W.2d 235, 236 (Tex. 1984). We therefore ORDER appellant to show cause in writing by September 3, 2018, why this appeal should not be dismissed for lack of jurisdiction. PER CURIAM

ATTESTED TO: _________________________ Keith E. Hottle Clerk of Court