Order entered June 16, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00210-CV
KIRK LAUNIUS, Appellant
V.
DIANA FLORES, IN HER OFFICIAL CAPACITY AS
PRESIDING OFFICER, CHAIR OF TRUSTEES, OF
DALLAS COUNTY COMMUNITY COLLEGE DISTRICT, Appellee
On Appeal from the 298th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-19-08429
ORDER
Before Chief Justice Burns, Justice Molberg, and Justice Smith
This appeal involves an election contest on a bond measure. Before the
Court is appellee’s motion to dismiss the appeal for want of jurisdiction. The
Court will defer the motion, response, and reply to the submissions panel.
Also before the Court is appellant’s agreed motion to permit submission of
part of the clerk’s record by stipulation. We GRANT the motion. Appellant shall
submit a flash drive containing appellant’s original petition, amended petition,
second amended petition, and third amended petition. In preparing the stipulated
partial clerk’s record, appellant shall follow the clerk record guidelines for
bookmarking, naming scheme, and page numbers. See TEX. R. APP. P. app. C.
In a letter filed on June 9, 2021, counsel for appellee informs the Court that
the Texas Attorney General’s Office recently informed Dallas College that the
bonds at issue will not be reviewed for issuance until a final, non-appealable order
is obtained in this election contest. In light of this circumstance and on the Court’s
own motion, we modify the deadlines for the record and briefs as follows: The
flash drive with the stipulated partial clerk’s record, the clerk’s record with the
remaining requested documents, and the reporter’s record shall be filed by July 6,
2021. Appellant’s brief will be due within twenty days after the clerk’s and
reporter’s record are filed. Appellee’s brief will be due within twenty days of
appellant’s brief. Any reply brief will be due within ten days of appellee’s brief.
Once all briefing is complete, the Court will set the appeal on the first available
setting.
We DIRECT the Clerk of this Court to send a copy of this order to Felicia
Pitre, Dallas County District Court; Marcey Poeckes, Official Court Reporter for
the 298th Judicial District Court; Brooke Wagner, Official Court Reporter for
County Court at Law No. 5; and, all counsel.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE