Charles Martin Bryant v. State ( 2011 )

NO. 07-10-0358-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL C

MARCH 7, 2011

______________________________

CHARLES MARTIN BRYANT, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE 47^TH DISTRICT COURT OF RANDALL COUNTY;

NO. 14,621-A; HONORABLE DAN SCHAAP, JUDGE

_______________________________

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

ORDER REINSTATING APPEAL

            By opinion and judgment dated February 25, 2011, this Court dismissed Appellant's appeal for want of jurisdiction on the ground that he had failed to provide this Court with an appealable order necessary to invoke this Court's jurisdiction.  Based on the following, we now withdraw our opinion and judgment and reinstate Appellant's appeal.

Background

            On April 26, 2010, the trial court signed an Order to Withdraw Inmate Funds pursuant to section 501.014(e) of the Texas Government Code Annotated (West Supp. 2010).[1]  On July 6, 2010, Appellant filed a motion in the trial court challenging the withdrawal notification.  When he did not receive a ruling, he filed a notice of appeal on September 10, 2010.  Concluding that no appealable order had been entered by the trial court, this Court abated this appeal to allow Appellant an opportunity to obtain a ruling from the trial court.  See Bryant v. State, No. 07-10-00358-CV, 2010 Tex. App. LEXIS 8059, at *4-5 (Tex.App.--Amarillo Oct. 5, 2010, no pet.). 

            On January 20, 2011, an inquiry by the Clerk of this Court to the Randall County District Clerk revealed that no appealable order had been entered since this Court's order of abatement.  Appellant was then given written notice to demonstrate on or before February 4, 2011, why this appeal should not be dismissed for want of jurisdiction.  No response was filed and on February 25, 2011, this appeal was dismissed for want of jurisdiction.  See Bryant v. State, No. 07-10-0358-CV, 2011 Tex. App. LEXIS 1417, at *5 (Tex.App.--Amarillo Feb. 25, 2011, no pet. h.).  Three days later, on February 28, the Randall County District Clerk filed with this Court a supplemental clerk's record containing the trial court's Order Denying Motion to Reverse and Rescind Order to Pay Court Cost, Fees, and/or Fine, dated January 28, 2011. 

Conclusion

            Therefore, in the interest of justice, this Court withdraws its dismissal of Appellant's appeal and reinstates the appeal.  Appellant’s brief is due on or before April 21, 2011. The State will have thirty days from the filing of Appellant's brief in which to file its brief.

            It is so ordered.

                                                                                    Per Curiam

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[1]This document is not an "order" in the traditional sense.  See Harrell v. State, 286 S.W.3d 315, 316 n.1 (Tex.2009).   We utilize the term "withdrawal notification."  See Williams v. State, 322 S.W.3d 301 n.1 (Tex.App.--Amarillo 2010, no pet.).