State v. Rick Alvarado, in His Official Capacity as District and County Clerk of Kinney County, Texas, And Kinney County, Texas, by and Through Its Governing Body the Kinney County Commissioners Court, Being James T. 'Tully' Shahan, in His Official Capacity as County Judge Mark Frerich, in His Official Capacity as County Commissioner Joe Montalvo, in His Official Capacity as County Commissioner Dennis Dodson, in His Official Capacity as County Commissioner
Fourth Court of Appeals
San Antonio, Texas
September 2, 2020
Nos. 04-19-00714-CV, 04-19-00715-CV, & 04-19-00716-CV
THE STATE OF TEXAS ex. rel. Todd A. Durden, In His Official Capacity as County
Attorney,
Appellant
v.
James T. 'Tully' SHAHAN, In His Official Capacities as County Judge; Mark Frerich, In His
Official Capacity as County Commissioner; Joe Montalvo, In His Official Capacity as County
Commissioner; Dennis Dodson, In His Official Capacity as County Commissioner; Tim Ward,
In His Official Capacity as County Commissioner; Kinney County Commissioners Court and
Kinney County,
Appellees
From the 63rd Judicial District Court, Kinney County, Texas
Trial Court Nos. 4845, 4863, & 4866
Honorable Sid L. Harle, Judge Presiding
ORDER
On August 17, 2020, appellant filed a consolidated brief in appeals nos. 04-00714-CV,
04-00715-CV, and 04-00716-CV. On August 19, 2020, appellees filed a motion in each appeal
to strike the brief. Appellees complain that appellant filed a consolidated brief without
permission, the brief exceeds the word limit allowed by the Texas Rules of Appellate Procedure,
the Statement of Procedure improperly contains legal argument, and the brief contains either no
or improper citation to the reporter’s and clerk’s records. On August 19, 2020, appellant filed a
motion requesting an extension of word limits and that a consolidated brief be allowed.
We GRANT appellant’s request to consolidate these appeals, and we DENY appellant’s
request for an extension of word limits. Appellees’ motion to strike appellant’s brief is
GRANTED. Appellant’s brief is STRICKEN, and appellant is ordered to file a brief that
complies with the Texas Rules of Appellate Procedure. Appellant’s brief is due on or before
October 2, 2020. Requests for an extension of time in which to file appellant’s brief will be
disfavored. Appellees’ briefs are due thirty days following the date upon which appellant’s
brief is filed.
_____ ____________________________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 2nd day of September, 2020.
___________________________________
MICHAEL A. CRUZ, Clerk of Court