Court of Civil Appeals of Texas, 2021

the State of Texas Ex. Rel. Todd A. Durden, in His Official Capacity as County Attorney 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

the State of Texas Ex. Rel. Todd A. Durden, in His Official Capacity as County Attorney 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
Court of Civil Appeals of Texas · Decided September 20, 2021

the State of Texas Ex. Rel. Todd A. Durden, in His Official Capacity as County Attorney 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

Opinion

Fourth Court of Appeals San Antonio, Texas September 20, 2021 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, Appellee From the 63rd Judicial District Court, Kinney County, Texas Trial Court Nos. 4845, 4863, 4866 Honorable Sid L. Harle, Judge Presiding

ORD ER Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice The panel has considered the State of Texas’s motion for rehearing and its motion for leave to file second amended notices of appeal—in which Todd A. Durden also seeks relief in his individual capacity. The motions are DENIED. See TEX. R. APP. P. 49.3.

_________________________________ Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of September, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

Case-law data current through December 31, 2025. Source: CourtListener bulk data.