Ruben Rios v. Texas Department of Public Safety ( 2018 )

Fourth Court of Appeals
San Antonio, Texas
August 17, 2018
No. 04-17-00652-CV
Ruben RIOS,
Appellant
v.
TEXAS DEPARTMENT OF PUBLIC SAFETY,
Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2017W0521
Honorable Lori I. Valenzuela, Judge Presiding
ORDER
Sitting: Karen Angelini, Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
In the underlying cause, Ruben Rios filed a petition for expunction, which sought
expunction of all criminal records and files pertaining to an arrest. On July 21, 2017, the trial
court signed an order granting Rios relief and ordering the expunction of all criminal records and
files related to the arrest. On August 18, 2017, the Department of Public Safety filed a motion for
new trial. On October 3, 2017, the trial court signed an order granting the Department’s motion
for new trial and setting aside its prior expunction. Rios then filed a notice of appeal stating his
intent to appeal from the trial court’s October 3, 2017 order.
“An order granting a new trial is an unappealable, interlocutory order.” Fruehauf Corp. v.
Carrillo, 848 S.W.2d 83, 84 (Tex. 1993); see also Cummins v. Paisan Constr. Co., 682 S.W.2d
235, 236 (Tex. 1984). We therefore ORDER appellant to show cause in writing by September 3,
2018, why this appeal should not be dismissed for lack of jurisdiction.
PER CURIAM
ATTESTED TO: _________________________
Keith E. Hottle
Clerk of Court