Approximately $14,980.00 v. State ( 2008 )

Reversed and Remanded and Majority and Concurring Opinions filed June 12, 2008

Reversed and Remanded and Majority and Concurring Opinions filed June 12, 2008.

In The

Fourteenth Court of Appeals

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NO. 14-07-00164-CV

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APPROXIMATELY $14,980.00, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 125th District Court

Harris County, Texas

Trial Court Cause No. 2006-41188

C O N C U R R I N G  O P I N I O N

I concur in the court=s judgment, but write separately to note that I do not believe the  majority opinion either in this case or in Approximately $1,589.00 v. State, 230 S.W.3d 871 (Tex. App.BHouston [14^th Dist.] 2007, no pet.), amounts to an invalidation of any of the local rules of the Harris County district courts.  In each case, notwithstanding any local rule, due process required that the trial court hear the motion to strike the deemed admissions before deciding the merits.  See Approximately $1,589.00, 230 S.W.3d at 875.  And in both cases,

the trial court abused its discretion in failing to hear the motion.                                                                        

/s/        Jeff Brown

Justice

Judgment rendered and Majority and Concurring Opinions filed June 12, 2008.

Panel consists of Justices Yates, Guzman, and Brown. (Yates, J., majority).