## 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 APPE ALS DISTRICT

CADENA

- REEVES JUSTIC E CENTER

300 DOLOROSA, SUITE 32 00

SAN ANTONIO, TEXAS 7 8205

- 3037

WWW.TXCOURTS.GOV/4TH COA.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 App eals

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 Proceeding 1

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 complain ing 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 whi ch 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 off icial 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 al location 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 transcript s, 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 Judi cial 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