Court of Civil Appeals of Texas, 2015

in Re Gambling Devices and Proceeds

in Re Gambling Devices and Proceeds
Court of Civil Appeals of Texas · Decided September 25, 2015

in Re Gambling Devices and Proceeds

Opinion

Fourth Court of Appeals San Antonio, Texas September 25, 2015 No. 04-15-00357-CR In re GAMBLING DEVICES AND PROCEEDS, Appellant From the 341st Judicial District Court, Webb County, Texas Trial Court No. 2015CVK001558 D3 & 2015CRP000775 D3 Honorable Rebeca Ramirez Palomo, Judge Presiding ORDER On June 11, 2015, the State filed a notice of appeal stating that it is appealing the trial court’s order signed on June 10, 2015 ordering the return of property seized from the residence located at 2831 Emory Loop, Laredo, Texas 78043. The State also requested a stay of the underlying trial court proceedings during pendency of the appeal. Appellees filed a response and motion to dismiss for lack of jurisdiction, and the State replied. After consideration of the motion, response, and reply, we conclude that the stay is warranted. Accordingly, the State’s motion for a stay is GRANTED. It is ORDERED that all proceedings in Trial Court Cause Nos. 2015-CRP-000775-D2 and 2015-CVK-001558-D3, styled In Re: Gambling Devices and Proceeds, in the 341st Judicial District Court, Webb County, Texas, are ORDERED STAYED pending disposition of this appeal.

It is FURTHER ORDERED that appellees’ motion to dismiss for lack of jurisdiction is HELD IN ABEYANCE and will be carried with the appeal. The parties are instructed to fully address the jurisdictional issue in their appellant’s and appellees’ briefs.

_________________________________ Rebeca C. Martinez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of September, 2015.

___________________________________ Keith E. Hottle Clerk of Court

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