State of Texas v. Milton E. Taylor

• Court: Court of Appeals of Texas
• Decided: October 27, 2015
• Docket: 04-15-00632-CV
• Status: Published

Opinion

***AMENDED

CIVIL APPEALS CERTIFICATE To Be Filed with Court of Appeals TRIAL COURT NO.l5148B

MILTON TAYLOR FILED IN IN THE DISTRICT COURT 4th COURT OF APPEALS SAN ANTONIO, TEXAS 10/27/2015 9:22:53 AM VS KERR COUNTY,KEITH TEXASE. HOTTLE Clerk THE CITY OF KERRVILLE AND THE STATE OF TEXAS BRUCE CURY, in his official capacity only as the 216TH JUDICIAL DISTRICT 216tll District Attorney

****Date Notice of Appeal filed in Trial Court: May 6th and October 15th , 2015

1. Has a motion for new trial been filed: - -Yes X No

Will a motion for new trial be filed: - - -Yes X Unknown

2. Date of Judgment signed: OCTOBER 5TH , 2015

3. The Honorable N. KEITH WILLIAMS presided at trial.

4. The Appellant is represented by: E. BRUCE CURRY, BAR NO. 05268500 200EARL GARRETT, SUITE 202 KERRVILLE, TX 78028 Phone: 8308964744

5. The Appellee is represented by: DOYLE WEAVER, BAR NO. 24000869 843 SIDNEY BAKER STREET, SUITE 101 KERRVILLE, TX 78028 Phone: 8308963000

6. Supersedeas Bond - - - -was or X was not filed. Amt.$- - - - - - - - - - - - - -

7. Name & Address of Court Reporter: DANDY MIDDLETON, PO BOX 1082 BOERNE, TX 78006 Phone: 2108275153

8. Type of Case: Bill of Review

Witness my hand this the 7TH day of OCTOBER, 2015

Robbin Burlew District Clerk

*** Amendment is filed based on another Notice of Appeal filed No. 15148A

MILTON E. TAYLOR, Plaintiff § IN THE DISTRICT COURT VS. § THE CITY OF KERRVILLE, AND § 216TH ruDICIAL DISTRICT THE STATE OF TEXAS, THROUGH § BRUCE CURRY, in his official capacity § only as the 216mDistrict Attorney § KERR COUNTY, TEXAS

WRITTEN NOTICE OF APPEAL FROM THE ORDER DATED OCTOBER 5,2015

Now comes the State of Texas, by and through her District Attorney, in the above titled

and numbered cause, and gives notice of appeal from the order of the 216mJudicial District Court

on October 5,2015 granting the petitioner's Bill of Review and files Notice of Appeal from said

order to the Court of Appeals for the Fourth Supreme Judicial District of Texas, San Antonio,

Texas.

WHEREFORE, PREMISES CONSIDERED, the State prays that this Notice of Appeal

be entered of record this date.

District Attorney 200 Earl Garrett Street, S 'e 202 Kerrville, Texas 78028 (830) 896-4744 telephone (830) 896-2620 facsimile SBN 05268500

ATTORNEY FOR THE STATE

CERTIFICATE OF SERVICE 'I ! This is to certify that a true and correct copy of the foregoing Written Notice of Appeal has been provided to Doyle Weaver. Attorney for Defendant, on this the /' day of October. 2015. FllEO~ ~ 1£._=-71,)·06- ~ IJ(' .-: JZ.-!;~ ROSSIN BURLEW . D~oun~, rx S .-Deputy No. 15148A

MILTON E. T AYLOR, Plaintiff § IN THE DISTRICT COURT VS. § THE CITY OF KERRVILLE, AND § 216m JUDICIAL DISTRICT THE STATE OF TEXAS, THROUGH § BRUCE CURRY, in his official capacity § only as the 216rh District Attorney § KERR COUNTY, TEXAS

AFFIDAVIT

THE STATE OF TEXAS §

COUNTY OF KERR §

BEFORE ME, the undersigned authority, on this day personally appeared E. BRUCE

CURRY, who after being by me duly sworn, upon his oath stated:

"My name is E. BRUCE CURRY, and I am the District Attorney and prosecuting attorney

for the 2161h Judicial District, Kerr County, Texas, in the above styled and numbered cause. I

certify to the trial court that this appeal is not taken for purposes of delay but so that justice may

be done."

Further Affiant sayeth not.

SIGNED this the (if#: day of October, 2015.

SUBSCRIBED AND SWORN to before me on this the I t..fI'- day of October, 20

~tf;&4~.

State of Texas