Floyd County justice will not step down from Alpha Tex case - KCBD NewsChannel 11 Lubbock

Floyd County justice will not step down from Alpha Tex case

LUBBOCK, TX (KCBD) -

Officials said Monday that a Floyd County Justice Of The Peace will not take herself off the controversial Alpha Tex Case.  But according to an article published Monday evening on the Floyd County Hesperian Beacon's web site, she won't have to. 

Justice Tali Jackson recently ruled that Alpha Tex cannot get roughly 200 dogs back amid allegations of animal cruelty.  Alpha Tex owners Mark and Sandra Smith deny allegations of cruelty.  Previously, court records said in order to appeal the Smiths would have to pay a bond of more than $300,000 dollars.

That's no longer the case according to the Hesperian Beacon. 

The paper said Monday evening that the Smiths attorney and the County Attorney Pro Tem reached a deal.  The Smiths took back their request to have Judge Jackson step down from the case, and the appeal bond is waived. 

Texas law says cases from Justice of the Peace Court are appealed to the County Court At Law.  In Floyd County, that would be Judge Penny Golightly.  Appeals from Justice Court are de novo, which means the County Judge looks at the case as though it were brand new. 

KCBD NewsChannel 11 was unable to reach Floyd County officials Monday night for comment.

Copyright 2011 KCBD NewsChannel 11

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