Texas Department of Public Safety Steve McGraw, in His Official Capacity as Director of the Texas Department of Public Safety Commission And Allan B. Polunsky, in His Official Capacity as Chairman of the Public Safety Commission v. Miguel Salazar Edgar Soria Francisco Avila Trejo Green Meadows Landscaping, Inc. Merida Flores Nader Dalo Godofredo A. Orellana And Ruwaidha Liwaza

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






ON REHEARING



NO. 03-11-00206-CV


Texas Department of Public Safety; Steve McGraw, in his Official Capacity as Director of the Texas Department of Public Safety Commission; and Allan B. Polunsky, in his Official Capacity as Chairman of the Public Safety Commission, Appellants



v.



Miguel Salazar; Edgar Soria; Francisco Avila Trejo; Green Meadows Landscaping, Inc.; Merida Flores; Nader Dalo; Godofredo A. Orellana; and Ruwaidha Liwaza, Appellees






FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT

NO. D-1-GN-09-000273, HONORABLE ORLINDA NARANJO, JUDGE PRESIDING


D I S S E N T I N G O P I N I O N

Because I would request a response before ruling on appellees' emergency motion for dismissal of this interlocutory appeal, I respectfully dissent. See Tex. R. App. P. 10.3. According to appellees' motion, the deadlines in the underlying proceeding at issue are April 27, 2011, for a hearing on dispositive motions, and the trial setting of May 9, 2011. Given these dates, I would give appellants an opportunity to respond before ruling on the merits of the motion.





__________________________________________

Melissa Goodwin, Justice

Before Chief Justice Jones, Justices Henson and Goodwin

Filed: April 19, 2011