Cameron County District Attorney in His Official Capacity Representing the State of Texas v. JLM Games and GGL Vendor Leasing LLC

• Court: Court of Appeals of Texas
• Decided: January 12, 2018
• Docket: 13-17-00653-CV
• Status: Published

Opinion

NUMBER 13-17-00653-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

CAMERON COUNTY DISTRICT ATTORNEY IN HIS OFFICAL CAPACITY REPRESENTING THE STATE OF TEXAS, Appellant,

v.

JLM GAME AND GGL VENDOR LEASING LLC, Appellee. ____________________________________________________________

On appeal from the 357th District Court of Cameron County, Texas. ____________________________________________________________

ORDER Before Chief Justice Valdez and Justices Contreras and Benavides Order

Appellant, the Cameron County District Attorney acting in his official capacity

representing the State of Texas, has filed a motion for stay of trial court proceedings

pursuant to Texas Rule of Appellate Procedure 29.3. See TEX. R. APP. P. 29.3. The

motion seeks a stay of proceedings in the trial court pending this Court’s resolution of appellant’s interlocutory appeal from the trial court’s denial of its plea to the jurisdiction.

See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West, Westlaw through 2017 1st

C.S.). With limited exceptions that do not apply here, section 51.014(b) imposes an

automatic stay of the trial court proceedings when a party files an interlocutory appeal of

the trial court’s decision to grant or deny a plea to the jurisdiction. See id. § 51.014(b),

(c). “[T]he stay set forth in section 51.014 is statutory and allows no room for discretion.”

In re Tex. Educ. Agency, 441 S.W.3d 747, 750 (Tex. App.—Austin 2014, orig. proceeding)

(citing Sheinfeld, Maley & Kay P.C. v. Bellush, 61 S.W.3d 437, 439 (Tex. App. —San

Antonio 2001, no pet.); Tarrant Reg’l Water Dist. v. Gragg, 962 S.W.2d 717, 718 (Tex.

App.—Waco 1998, no pet.)). Accordingly, we GRANT appellant’s motion and order all

proceedings in the trial court stayed pending our resolution of appellant’s interlocutory

appeal.

PER CURIAM

Delivered and filed the 12th day of January, 2018.