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 Kinney County, and Rick Alvarado, in His Official Capacity as District and County Clerk of Kinney

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 Kinney County, and Rick Alvarado, in His Official Capacity as District and County Clerk of Kinney
Court of Appeals of Texas · Decided October 12, 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 Kinney County, and Rick Alvarado, in His Official Capacity as District and County Clerk of Kinney

Opinion

Fourth Court of Appeals

San Antonio, Texas October 12, 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 Capacity 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; Kinney County; and Rick Alvarado, in his Official Capacity as District and County Clerk of Kinney, Appellees

From the 63rd Judicial District Court, Kinney County, Texas Trial Court No. 4845, 4863, 4866 Honorable Sid L. Harle, Judge Presiding

ORDER

Sitting en banc: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Irene Rios, Justice

Beth Watkins, Justice

Liza A. Rodriguez, Justice1

Lori I. Valenzuela, Justice

The en banc court has considered Appellant’s motion for en banc reconsideration. The motion is DENIED. See TEX. R. APP. P. 49.7. Appellant’s second motion for leave to file second amended notices of appeal is also DENIED.

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 12th day of October, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

1 Dissents to the denial of the motion for en banc reconsideration without requesting a response.

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