Texas Cases January 04, 2024: Melin v. King

Case Description

1

Appeal from the 143rd District Court of Loving County, Texas (TC# 22-12-1075)

Before Alley, C.J., Palafox and Soto, JJ.

ORDER

PER CURIAM

Appellants Melin and Renteria have filed a joint notice of appeal. The notice of appeal contains a file stamped copy of the original notice filed in the trial court on December 22, 2023 indicating that the appeal is an accelerated election contest which is given precedence pursuant to Texas Election Code § 231.009. See Tex. Elec. Code Ann. § 232.015 (an appellate court "may accelerate an appeal in a contest of a general or special election"). An appeal is perfected when the written notice is filed with the trial court clerk. Tex.R.App.P. 25.1(a). The Rules of Appellate Procedure state: "The trial court clerk must immediately deliver a copy of the notice of appeal to the appellate clerk[.]" Id. 25.1(f).

As of this date, the District Clerk of Loving County has not filed the notice of appeal. However, the Court considers the appeal filed as of the date the notice of appeal was filed in the trial court, as indicated by the file stamp on the notice filed in this Court-December 22, 2023.

2

Due to the accelerated nature of this appeal, the clerk's record was due to be filed on January 2, 2024, 10 days after the date of the notice of appeal. See Tex. R. App. P. 26.1(b); 35.1(b). As of this date, the District Clerk of Loving County has not filed the clerk's record.

The District Clerk of Loving County is ORDERED to file copies of any notice of appeal filed in this matter and to file the clerk's record in this Court by 5 p.m. on January 5, 2024.

IT IS SO ORDERED.