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529 S.W.2d 762

18 Tex.Sup.Ct.J. 441

Cook v. Walker

Texas Supreme Court

Decided July 16, 1975

Texas Supreme Court · decided 1975-07-16

Key passage — most relied on by later courts

“to proceed to judgment approving the order of the Commission.”

quoted by 1 later decision, including Garza v. Texas Alcoholic Beverage Commission

Relies on Texas Liquor Control Board v. Canyon Creek Land Corp. · Stone v. Texas Liquor Control Board · State v. Bush

Good law ✅— No negative treatment on recordhow we know

Decided 1975-07-16

How this case has been cited

Cited by 5 later decisions — most recently July 2002

5 state decisions

201975198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PER CURIAM.

¶1 On March 26, 1975, Joseph A. Barraco appealed an order of the Administrator of the Texas Alcoholic Beverage Commission cancelling his Package Store Permit, his Retail Dealers Off Premise License, and his Local Cartage Permit. The appeal was timely filed. The judge of the 162nd Judicial District Court of Dallas County stayed the order pending a hearing on appeal and then set the trial for April 4. Later the judge re-set the trial for May 2.

¶2 Our decision in this case is governed by our recent opinion in Cook, Administrator, Texas Alcoholic Beverage Commission v. Spears, 524 S.W.2d 290 (Tex.1975). Upon the expiration of ten days from March 26, 1975, the permittee lost his right to'a trial on appeal. Art. 666-14, Tex.Pen.Aux.Laws (1974); see also, Texas Liquor Control Bd. v. Canyon Creek Land Corp., 456 S.W.2d 891, 895 (Tex.1970); Stone v. Liquor Control Board, 417 S.W.2d 385 (Tex.1967); State v. Bush, 151 Tex. 606, 253 S.W.2d 269 (1952).

¶3*763 The clerk of this court is directed to issue a mandamus directed to the respondent Dee Brown Walker, Judge of the 162nd Judicial District Court, ordering him to set aside the order staying the order of the Commission cancelling respondent Barraco’s licenses and ordering the judge to proceed to judgment approving the order of the Commission.

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