COURT OF APPEALS

SANDEE BRYAN MARION

 CHIEF JUSTICE

REBECA C. MARTINEZ

PATRICIA O. ALVAREZ

LUZ ELENA D. CHAPA

IRENE RIOS

BETH WATKINS

LIZA A. RODRIGUEZ

 JUSTICES

FOURTH COURT OF APPEALS DISTRICT

CADENA-REEVES JUSTICE CENTER 

300 DOLOROSA, SUITE 3200

SAN ANTONIO, TEXAS 78205-3037

WWW.TXCOURTS.GOV/4THCOA.ASPX

MICHAEL A. CRUZ, 

CLERK OF COURT

TELEPHONE

(210) 335-2635

FACSIMILE NO.

(210) 335-2762

November 7, 2019

Todd A. Durden

501 S. Ann St.

P.O. Box 365

Brackettville, TX 78832

* DELIVERED VIA E-MAIL *

Sid L. Harle

C/O Criminal District Court 

Administrator

Cadena-Reeves Justice Center

300 Dolorosa, Suite 4076

San Antonio, TX 78205

Robert T. Bass

Allison, Bass & Magee, L.L.P.

402 West 12th Street

Austin, TX 78701

* DELIVERED VIA E-MAIL *

Stacey M. Soule

State Office of Prosecuting 

Attorney

P.O. Box 13046

Capitol Station

Austin, TX 78711

* DELIVERED VIA E-MAIL *

RE: Court of Appeals Number: 04-19-00776-CV

Trial Court Case Number: 4845, 4863, 4866

Style: In re State of Texas, ex. rel. Todd A. "Tadeo" Durden, County 

Attorney

Enclosed please find the order which the Honorable Court of Appeals has 

issued in reference to the above styled and numbered cause.

If you should have any questions, please do not hesitate to contact me. 

Very truly yours,

Michael A. Cruz, 

Clerk of Court

_____________________________

Monica Rivera

Deputy Clerk, Ext. 53855

cc: Ricardo Alvarado (DELIVERED VIA E-MAIL)
Fourth Court of Appeals

San Antonio, Texas

November 7, 2019

No. 04-19-00776-CV

IN RE STATE OF TEXAS, ex. rel. Todd A. “Tadeo” Durden, County Attorney

Original Mandamus Proceeding1

ORDER

Sitting: Patricia O. Alvarez, Justice

Irene Rios, Justice

Liza A. Rodriguez, Justice

On November 4, 2019, relator filed a petition for writ of mandamus complaining of the 

trial court’s July 10, 2019 “Citation to Todd A. Durden to Appear and Show Authority, . . . and 

for Consideration of Sanctions, . . . and Order of Protection” (the “Citation”). The Citation 

stated a hearing would be held on July 31, 2019 at which time Mr. Durden was to appear and 

show the basis of his authority to bring underlying civil suits. The order also stayed the 

production of any transcripts at Kinney County’s expense pending the trial court’s ruling on Mr. 

Durden’s capacity to bring the litigation. According to relator, no hearing was held and the case 

was assigned to the Honorable Sid Harle. 

On October 4, 2019, Judge Harle conducted a hearing on a motion to dismiss and for 

final summary judgment filed by the defendants. On October 8, 2019, the trial court signed an 

“Order Granting [Defendants’] Motion to Dismiss and for Final Summary Judgment and 

Denying [Plaintiff’s, the relator here] Motion for Partial Summary Judgment.” In the order, the 

trial court found Mr. Durden, “in his official capacity as County Attorney of Kinney County, 

Texas, has no legal standing or capacity to initiate civil litigation in the absence of clear and 

unambiguous statutory authority . . . .” The order also states as follows:

As for the determination of allocation of costs, both parties have requested 

Court Costs. The case being resolved substantially in favor of the Defendant, the 

Court orders Plaintiff [relator], personally and individually, to pay all costs of 

court, including the cost of any transcripts, filing fees or service fees associated 

with this litigation.

 

1 This proceeding arises out of Cause No. 4845, 4863, 4866, styled The State of Texas, ex. rel. Todd A. Durden, in 

His Official Capacity as County Attorney v. James T. "Tully" Shahan, in His Official Capacity as County Judge; et 

al., pending in the 63rd Judicial District Court, Kinney County, Texas, the Honorable Sid L. Harle presiding.
This order is the subject of two appeals pending before this court. Because it appears the 

trial court’s October 8, 2019 order moots the complaint raised in this original proceeding, relator

is hereby ORDERED to show cause in writing no later than November 18, 2019 why this 

original proceeding should not be dismissed as moot. If relator does not timely respond, this 

original proceeding will be dismissed as moot.

It is so ORDERED on November 7, 2019.

 PER CURIAM

ATTESTED TO: _________________________

Michael A. Cruz, 

Clerk of Court