Legal Opinion
In Re State and $15,975.85 in US Currency
Texas Court of Appeals, 1st District (Houston)
Decided December 28, 2006No. 01-06-00905-CVPublishedCited by 1 opinion
1Opinion of the Court
OPINION
SHERRY RADACK, Chief Justice.
The issue in this original proceeding is whether a motion for new trial filed by a nonparty will extend the trial court’s 1 plenary power under Texas Rule of Civil Procedure 329(b). We hold that it does not. Accordingly, we conditionally grant the petition for writ of mandamus.
BACKGROUND
According to the Peace Officer’s Affidavit of Seizure, Jim Ross Cole was arrested on July 14, 2006, while in possession of $15,975.85 in cash. On July 19, 2006, the State filed an original notice of seizure and intended forfeiture, alleging that the currency had been seized…
2Cases cited4 opinions
- First Alief Bank v. WhiteTexas Supreme Court · 1984
- $27,920.00 in U.S. Currency v. StateCourt of Appeals of Texas · 2001
- Thursby v. StovallTexas Supreme Court · 1983
- State & County Mutual Fire Insurance Co. v. Kelly, Texas Court of Appeals, 3rd District (Austin)1996