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Juan Enriquez v. Dwayne Villanueva, Karnes County Sheriff, Individually and in His Official Capacity

Citation: Not availableDocket: 04-17-00719-CV

Court: Court of Appeals of Texas; September 20, 2018; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

On September 20, 2018, the Fourth Court of Appeals in San Antonio, Texas, addressed an appeal from Juan Enriquez against Dwayne Villanueva, the Karnes County Sheriff, both individually and in his official capacity. The appeal originated from the 81st Judicial District Court in Karnes County, overseen by Judge Russell Wilson. A memorandum opinion and judgment had been issued on August 29, 2018, with a deadline of September 13, 2018, for filing a motion for rehearing. After this deadline, Enriquez, representing himself, requested a fifteen-day extension to submit his motion for rehearing. The court granted this request, extending the deadline to September 28, 2018. The order was confirmed by Justice Patricia O. Alvarez and recorded by Clerk of Court Keith E. Hottle.

Legal Issues Addressed

Extension of Filing Deadlines in Appeals

Application: The court has the discretion to grant extensions for filing motions for rehearing in appellate cases, as demonstrated by the court allowing an extension beyond the typical deadline.

Reasoning: After this deadline, Enriquez, representing himself, requested a fifteen-day extension to submit his motion for rehearing. The court granted this request, extending the deadline to September 28, 2018.

Jurisdiction of the Fourth Court of Appeals

Application: The Fourth Court of Appeals in San Antonio, Texas, has jurisdiction to hear appeals originating from the 81st Judicial District Court in Karnes County.

Reasoning: On September 20, 2018, the Fourth Court of Appeals in San Antonio, Texas, addressed an appeal from Juan Enriquez against Dwayne Villanueva, the Karnes County Sheriff, both individually and in his official capacity.

Representation by Self in Legal Proceedings

Application: Appellants are permitted to represent themselves in legal proceedings, as evidenced by Enriquez acting pro se in his appeal.

Reasoning: After this deadline, Enriquez, representing himself, requested a fifteen-day extension to submit his motion for rehearing.