David Louie Hearn v. State ( 2012 )

NO. 07-12-0466-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
DECEMBER 28, 2012
JACQUELINE A. BAILEY,
Appellant
v.
TEXAS WORKFORCE COMMISSION,
Appellee
_____________________________
FROM THE COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY;
NO. C-1-CV-11-009239; HONORABLE J. DAVID PHILLIPS, PRESIDING
On Motion to Dismiss
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Appellant Jacqueline A. Bailey has filed a motion to dismiss her appeal, signed by
appellant’s attorney, based on the Texas Supreme Court’s holding in Prairie View A&M
Univ. v. Chatha, 381 S.W.3d 500 (Tex. 2012), that compliance with mandatory statutory
requirements for filing a lawsuit against governmental entities is a jurisdictional matter.
Dismissal of appellant’s appeal will not prevent her from seeking relief to which she is
entitled.
Without passing on the merits of the case, we grant the motion to dismiss with
prejudice pursuant to Texas Rule of Appellate Procedure 42.2(a) and dismiss the appeal.
Having dismissed the appeal at appellant=s request, no motion for rehearing will be
entertained, and our mandate will issue forthwith.
Per Curiam
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