Texas Supreme Court

Jose Luis Garza D/b/a Tropicana Night Club, Petitioner v. Texas Alcoholic Beverage Commission, Respondent

July 3, 200245 Tex. Sup. Ct. J. 1014

Summary

The Texas Supreme Court held that Texas Alcoholic Beverage Code §11.67(b)(2) requires a district court to render judgment within ten days of filing an appeal, and any later judgment is void; the district court must then ministerially sign a judgment affirming the administrative decision, which can be appealed. The Court affirmed the Court of Appeals' dismissal of the appeal for lack of jurisdiction. Justice BAKER dissented, arguing that the administrative decision should become a signed final judgment for appeal purposes.