COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
No. 08-26-00142-CV
The State of Texas for the Best Interest and Protection of J.J.
On Appeal from the Probate Court No. 2
Travis County, Texas
Trial Court No. C-1-MH-25-001595 J.J
M E MO RA N D UM O PI NI O N
On December 10, 2025, the Presiding Judge of Travis County Probate Court No. 2 signed
an order in trial court cause number C-1-MH-25-001595, authorizing medication to be
administered to Appellant pursuant to § 574.106 of the Texas Health and Safety Code. Tex. Health
& Safety Code § 574.106(a). On December 19, 2025, Appellant filed a notice of appeal, appealing
the trial court’s December 10, 2025 order, issued in cause number C-1-MH-25-001595, to the Third
Court of Appeals. The Third Court of Appeals assigned cause number 03-25-01021-CV to the
appeal. The appeal was then transferred to this Court pursuant to the Texas Supreme Court’s docket
equalization efforts and assigned cause number 08-26-00050-CV. Tex. Gov’t Code § 73.001.
On January 15, 2026, Appellant filed a second notice of appeal, which notice of appeal was
filed directly in the Third Court of Appeals. In the second notice, Appellant once again sought to
appeal from the trial court’s December 10, 2025 order issued in trial court cause number C-1-MH25-001595. The Third Court of Appeals opened a new case based on the second notice of appeal,
and assigned the cause number 03-26-00051-CV. The Third Court of Appeals then transferred the
second appeal to this Court pursuant to the Texas Supreme Court’s transfer order. Tex. Gov’t Code
§ 73.001. The Clerk of this Court assigned the newly transferred appeal cause number 08-26-00142-CV.1
Under Texas Rule of Appellate Procedure 12.2, “[a]ll notices of appeal filed in the same
case must be given the same docket number.” Tex. R. App. P. 12.2(c). Because both of Appellant’s
notices of appeal sought to appeal from the same trial court order issued in the same trial court
case, we conclude that there should only be one appellate case arising from Appellant’s appeal
from the trial court’s December 10, 2025 order. See Farmers’ & Merchants’ Nat’l Bank v. Waco
Elec. Ry. & Light Co., 34 S.W. 737, 738 (Tex. 1896) (“Two appeals in the same case do not make
two cases. Here there was but on case in the appellate court, as there was in the trial court; and it
should be so treated by the former court, whenever their attention is called to the fact.”); Fusion
Indus., LLC v. Edgardo Madrid & Assoc., LLC, 624 S.W.3d 843, 846 n.3 (Tex. App.—El Paso
2021, no pet.) (stating that it is the Court’s policy to “treat notices of appeal relating to the same
order or judgment being appealed as being part of the ‘same case’ for purposes of Rule 12.1(c)”).
1
This case was transferred pursuant to the Texas Supreme Court’s docket equalization efforts. Tex. Gov’t Code § 73.001. We follow the precedent of the Third Court of Appeals to the extent it might conflict with our own. See Tex. R. App. P. 41.3.
2
We direct the Clerk of this Court to file a copy of all documents from cause number 08-26-00142-CV in cause number 08-26-00050-CV. We further order that all future pleadings and filings
be filed in and bear only cause number 08-26-00050-CV.
Finally, the Court dismisses this appeal, docketed as cause number 08-26-00142-CV, for
administrative purposes. See Grossman v. City of El Paso, No. 08-19-00277-CV, 2019 WL
6336405, at *1 (Tex. App.—El Paso Nov. 27, 2019, no pet.) (mem. op.).
MARIA SALAS MENDOZA, Chief Justice
June 26, 2026
Before Salas Mendoza, C.J., Palafox and Soto, JJ.
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