ACCEPTED 01-15-00155-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 9/16/2015 3:01:35 PM CHRISTOPHER PRINE CLERK CASE NO. 01-15-00155-CV FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS FOR THE FIRST JUDICIAL DISTRICT 9/16/2015 3:01:35 PM HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk

CHARLES WADE, APPELLANT VS. HARRIS COUNTY, ET AL., APPELLEES

On Appeal from the 295TH Judicial District Court of Harris County, Texas, Trial Court No. 2011-69056

APPELLEES’ REQUEST FOR MANDATE TO BE ISSUED

LINEBARGER GOGGAN BLAIR & SAMPSON, LLP 4828 Loop Central Drive, Suite 600 Houston, Texas 78701 (713) 844-3405 direct phone (713) 844-3400 main phone (713) 844-3504 fax Edward J. (Nick) Nicholas State Bar No. 14991350 [email protected] Anthony W. (Tony) Nims State Bar No. 15031500 [email protected] ATTORNEYS FOR APPELLEES APPELLEES’ REQUEST FOR MANDATE TO BE ISSUED

Pursuant to Rules 10 and 18, TEX. R. APP. P., Harris County, City of Houston, Houston Independent School District, and Houston Community College System (“Appellees”) file this Request for a Mandate to be Issued, and would respectfully show as follows:

I. ARGUMENT & AUTHORITIES 1. On June 16, 2015, this Court issued a Judgment dismissing this appeal.

2. Pursuant to Rule 18(a), TEX. R. APP. P., a Court of Appeals may issue a mandate after seventy (70) days if no party files: (a) a motion for rehearing or en banc reconsideration, (b), a motion to extend time to file a motion for rehearing or en banc reconsideration, (c) a petition for review in the Supreme Court, or (4) a motion to extend time to file a petition for review.

3. More than seventy (70) days have passed since the Court issued its Judgment, and no party has filed a rule-compliant motion for rehearing1 or en banc reconsideration, a petition for review in the Supreme Court, or a motion to extend the time for filing any motion or petition.

On July 7, 2015, the Court’s Clerk returned Appellant’s Motion for Rehearing for non- compliance with the Texas Rules of Appellate Procedure.

II. CONCLUSION AND PRAYER FOR RELIEF 4. For these reasons, Appellees ask the Court to grant this Request and to issue a Mandate to the trial court.

Respectfully submitted, LINEBARGER GOGGAN BLAIR & SAMPSON, LLP

By: Edward J. (Nick) Nicholas State Bar No. 14991350 4828 Loop Central Drive, Suite 600 Houston, Texas 78701 (713) 844-3405 direct phone (713) 844-3504 fax [email protected] ATTORNEYS FOR APPELLEES CERTIFICATE OF SERVICE I certify that a copy of Appellees’ Motion to Dismiss was served by first-class U.S. Mail, certified/return receipt requested, on Charles Ronald Wade, 4318 Woodmont, Houston, Texas 77045.

By: Edward J. (Nick) Nicholas