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Hernando Ramirez v. State
Citation: Not availableDocket: 10-10-00157-CV
Court: Court of Appeals of Texas; May 19, 2010; Texas; State Appellate Court
Original Court Document: View Document
Hernando Ramirez appealed the trial court's order for the withdrawal of court costs and fees from his inmate account, arguing that the order was final and a violation of his due process rights. The Tenth Court of Appeals questioned its jurisdiction, noting the absence of an appealable order. The court clarified that the document Ramirez sought to review was not a final order but merely a notification to the Texas Department of Criminal Justice (TDCJ) to withdraw funds from his account as mandated by Texas Government Code § 501.014(e). The court emphasized that while there is a custodial relationship regarding the inmate’s funds, there is no trustee/beneficiary relationship imposing trustee duties on the TDCJ. The court stated that inmates are entitled to notice and an opportunity to be heard concerning withdrawals, but this does not have to occur prior to the actual withdrawal. Ramirez had not sought a hearing in the trial court regarding the specific amount to be withdrawn, nor had he filed a direct appeal of the original judgment that determined this amount. Since Ramirez had not properly challenged the notice/order or received an adverse ruling from the trial court, there was no final order for the appellate court to review. Consequently, the appeal was dismissed for lack of jurisdiction.