Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 9/16/2015 3:01:35 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00155-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 9/16/2015 3:01:35 PM CHRISTOPHER PRINE CLERK CASE NO. 01-15-00155-CV IN THE COURT OF APPEALS
FOR THE FIRST JUDICIAL DISTRICT
HOUSTON, TEXAS CHARLES WADE, APPELLANT
VS.
HARRIS COUNTY, ET AL., APPELLEES On Appeal from the 295 TH Judicial District Court of
Harris County, Texas, Trial Court No. 2011-69056 APPELLEES’ REQUEST FOR MANDATE TO BE ISSUED
(713) 844-3400 main phone State Bar No. 14991350 Anthony W. (Tony) Nims Tony.Nims@lgbs.com *2 APPELLEES’ REQUEST FOR MANDATE TO BE ISSUED
Pursuant to Rules 10 and 18, T EX . R. A PP . P., Harris County, City of Houston,
Houston Independent School District, and Houston Community College System
(“Appellees”) file this Request for a Mandate to be Issued, and would respectfully
show as follows:
I. ARGUMENT & AUTHORITIES
1. On June 16, 2015, this Court issued a Judgment dismissing this appeal. Pursuant to Rule 18(a), T EX . R. A PP . P., a Court of Appeals may issue
a mandate after seventy (70) days if no party files: (a) a motion for rehearing or en
banc reconsideration, (b), a motion to extend time to file a motion for rehearing or
en banc reconsideration, (c) a petition for review in the Supreme Court, or (4) a
motion to extend time to file a petition for review.
3. More than seventy (70) days have passed since the Court issued its
Judgment, and no party has filed a rule-compliant motion for rehearing [1] or en banc
reconsideration, a petition for review in the Supreme Court, or a motion to extend
the time for filing any motion or petition.
*3 II. CONCLUSION AND PRAYER FOR RELIEF
For these reasons, Appellees ask the Court to grant this Request and to issue a Mandate to the trial court.
Respectfully submitted, By:
Edward J. (Nick) Nicholas CERTIFICATE OF SERVICE I certify that a copy of Appellees’ Motion to Dismiss was served by first-class
U.S. Mail, certified/return receipt requested, on Charles Ronald Wade, 4318
Woodmont, Houston, Texas 77045.
By:
[1] On July 7, 2015, the Court’s Clerk returned Appellant’s Motion for Rehearing for non- compliance with the Texas Rules of Appellate Procedure.