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In the Matter of the Expunction of J.S.

Tex. App. Dist. 8

January 22, 2013

The appellant appeals the trial court's order modifying his prior order of expunction. The state's motion and proof at the evidentiary hearing failed to meet the requirements of Texas Rule of Civil Procedure 306a(5) and, as such, the trial court's jurisdiction was not reinvoked. Appellate courts have the power to declare an order void where the trial court signed it after losing plenary power over the case. The modified order is vacated and the original order is reinstated. El Paso Court of Appeals, No. 08-11-00293-CV, 01-16-2013.

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