I recently lost an expunction suit. (The issue is whether Art. 55.01(a)(2)(A)(i) requires that the statute of limitations must expire on a misdemeanor before it can be expunged.) I signed and filed a Notice of Appeal. The Court of Appeals just informed me that my Notice of Appeal should have been signed by the sitting Criminal DA, rather than by me, his humble assistant. The C of A cites Art. 44.01(i) of the Code of Criminal Procedure, interpretting it to require the actual CA, DA or CDA to sign Notices of Appeal, rather than allowing them to be signed by assistants. As I read that article, it only applies to State appeals in criminal cases. Have any of you run into this issue before? Am I missing something?

I've had the same issue arise with the Seventh Court in forfeiture and nuisance cases where the State is the nominal party. Generally, when you politely remind them that it's a civil case (as in really civil, not like a bond forfeiture), they typically will back off.

My brief to the Court of Appeals is on its way to Amarillo. I will let all of you what the outcome is.