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STATE EX REL. DURDEN v. SHAHAN

No. 21-1003, No. 21-1017, No. 21-1018.

658 S.W.3d 300 (2022)

The STATE of Texas EX. REL. Todd A. DURDEN, in His Official Capacity as County Attorney, Petitioner, v. James T. "Tully" SHAHAN, in His Official Capacity as County Judge; Mark Frerich, in His Official Capacity as County Commissioner; Joe Montalvo, in His Official Capacity as County Commissioner; Dennis Dodson, in His Official Capacity as County Commissioner; Tim Ward, in His Official Capacity as County Commissioner; Kinney County Commissioners Court; Kinney County; and Rick Alvarado, in His Official Capacity as District and County Clerk of Kinney County, Texas, Respondents. Todd A. Durden, Individually & The State of Texas ex. rel. Todd A. Durden, in His Official Capacity as County Attorney, Petitioner, v. James T. "Tully" Shahan, in His Official Capacity as County Judge; Mark Frerich, in His Official Capacity as County Commissioner; Joe Montalvo, in His Official Capacity as County Commissioner; Dennis Dodson, in His Official Capacity as County Commissioner; Tim Ward, in His Official Capacity as County Commissioner; Kinney County Commissioners Court; Kinney County; and Rick Alvarado, in His Official Capacity as District and County Clerk of Kinney County, Texas, Respondents. Todd A. Durden, Individually & The State of Texas ex. rel. Todd A. Durden, in His Official Capacity as County Attorney, Petitioner, v. James T. "Tully" Shahan, in His Official Capacity as County Judge; Mark Frerich, in His Official Capacity as County Commissioner; Joe Montalvo, in His Official Capacity as County Commissioner; Dennis Dodson, in His Official Capacity as County Commissioner; Tim Ward, in His Official Capacity as County Commissioner; Kinney County Commissioners Court; Kinney County; and Rick Alvarado, in His Official Capacity as District and County Clerk of Kinney County, Texas, Respondents.

Supreme Court of Texas.

OPINION DELIVERED: December 30, 2022.

Attorney(s) appearing for the Case

Robert T. Bass , Austin, Joshua Humphreys , for Respondent.

Thomas Andren Albright , for Other interested party Attorney General of Texas.

Shane J. Stolarczyk , Paul Green , Dallas, Kimberly S. Keller , San Antonio, Todd A. Durden , Decatur, for Petitioner.

We have repeatedly held that a party invokes an appellate court's jurisdiction by timely filing an instrument in a bona fide attempt to do so. Here, a county attorney attempted to appeal orders that (1) held that he lacked authority to pursue certain claims on the state's behalf, and (2) sanctioned him personally and individually for pursuing...

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