Anthony Moore and Joann Moore v. David Subia

Fourth Court of Appeals
San Antonio, Texas
August 7, 2018
No. 04-16-00786-CV
Anthony MOORE and Joann Moore,
Appellants
v.
David SUBIA,
Appellee
From the County Court at Law No. 3, Bexar County, Texas
Trial Court No. 2016CV04165
Honorable David J. Rodriguez, Judge Presiding
ORDER
Appellee David Subia filed a Motion to Accelerate Mandate and Release Funds Paid into
the Registry of the Court on the grounds that, despite Appellant Anthony Moore’s stated intent to
file a petition for discretionary review with the Texas Supreme Court, Appellant ”has no right to
appeal to the Texas Supreme Court as this case arises from an eviction proceeding in the Justice
of Peace Court.” In support of this assertion, Appellee cites to Tex. Gov’t Code Ann. §
22.225(b)(1). However, this subsection was repealed effective September 1, 2017. See Acts
2017, 85th Leg., ch. 150 (H.B. 1761), § 4(3). Appellee provides no additional authority in
support of his motion. Accordingly, Appellee’s motion is DENIED.
_________________________________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 7th day of August, 2018.
___________________________________
KEITH E. HOTTLE,
Clerk of Court