TDCAA Community
State appeal

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/3001093112

October 27, 2010, 09:24
John A. Olson
State appeal
First, thanks to those who responded to my last posting. Now, can the State appeal an order, ruling, etc., if the trial court favors a motion to dismiss based on the theory that State did not exercise due diligence in serving surety and/or principal? "state v. green, 287 S.W.3d 782" tells me NO. Is there any other remedy?
October 27, 2010, 11:21
Doug Norman
Green and Sellers, the CCA case on which it relies, held that there was no right to appeal under 44.01(a)(2). But, could you argue that the appeal is authorized under 44.01(a)(1) as an appeal from an order that dismisses a "complaint," reading complaint broadly to include the show cause proceeding in issue. After all, the surety is there because someone is "complaining" that he is liable for the amount of the bond, and the trial court's order effectively dismisses that complaint.