Court of 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 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 September 30, 2026. Source: CourtListener bulk data.