An oral argument was held in late October in the Dallas Court of Appeals before a three-judge panel. While we are all emotionally invested in Rusty, it is the job of the Court of Appeals to review legal issues and make determinations based on statutes, laws and procedures. The judges read the parties’ briefs, reviewed the relevant statutes and underlying record, and asked both sides specific questions about the issues. The main issue before the Court is whether a mishmash of statutes enacted at different times for different courts allow for the appeal of a civil judgment from the municipal court and, if so, to what court.

Historically municipal courts had only criminal jurisdiction but that has been expanded in recent years. The Court’s decision will have application and impact well beyond Rusty’s case. At this time the case is considered submitted to the Court and we wait for a written opinion deciding the issues. There is no due date for an opinion, but this Court tries to move as quickly as possible, but an average is around 2 - 3 months. Also, during this time, either side may file additional appeals after the opinion issues.

We wholeheartedly understand the concern our supporters have expressed toward Rusty, and we also wish this process was quicker. With such an important decision, one that will have an impact on the City’s actions in future cases, and for Rusty now, we want to make sure we give the legal process time to get it right.

Thank you to everyone who has reached out, donated, and sent toys and goodies to us for Rusty, it is so appreciated, and he is feeling loved during this difficult time! #RescueRusty