City of Houston and Daniel W. Kruger, in His Official Capacity as Director of Public Works and Engineering Department v. Little Nell Apartments, L.P.

Court of Appeals of Texas

City of Houston and Daniel W. Kruger, in His Official Capacity as Director of Public Works and Engineering Department v. Little Nell Apartments, L.P.

Court of Appeals of Texas·Decided September 25, 2013·No. 14-12-01157-CV·Published

Opinion

Motion Granted; Order filed September 25, 2013

In The

Fourteenth Court of Appeals

NO. 14-12-01157-CV

CITY OF HOUSTON AND DANIEL W. KRUGER, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF PUBLIC WORKS AND ENGINEERING DEPARTMENT, Appellants

V.

LITTLE NELL APARTMENTS, HFT REGENCY PARK APARTMENTS, LP, AND WINDSHIRE APARTMENTS, LP, Appellees

On Appeal from the 129th District Court Harris County, Texas

Trial Court Cause No. 2012-09885

ORDER

This is an accelerated appeal from the denial of appellants’ plea to the jurisdiction. On September 23, 2013, appellees filed a motion in this court requesting temporary orders pursuant to Texas Rule of Appellate Procedure 29. Rule 29.3 provides that in an appeal from an interlocutory order, an appellate court may make “any temporary orders necessary to preserve the parties’ rights until disposition of the appeal and may require appropriate security.” Tex. R. App. P. 29.3.

Appellee requests that we enter a temporary order preventing appellants from disconnecting the water and sewer utility services to Regency Park and Windshire Apartments on September 27, 2013, and to Little Nell Apartments on October 3, 2013.

It appears from the facts stated in the motion that appellees’ rights will be prejudiced unless immediate temporary relief is granted. Accordingly, we grant the motion and issue the following order.

We therefore ORDER that appellants refrain from discontinuance of any utility services provided by the City of Houston, including water and sewer services, until final decision by this court in this interlocutory appeal or until further orders of this court.

PER CURIAM

Panel consists of Justices Brown, Christopher, and Donovan.

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Motion Granted; Order filed September 25, 2013

In The

Fourteenth Court of Appeals

NO. 14-12-01157-CV

CITY OF HOUSTON AND DANIEL W. KRUGER, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF PUBLIC WORKS AND ENGINEERING DEPARTMENT, Appellants

V.

LITTLE NELL APARTMENTS, HFT REGENCY PARK APARTMENTS, LP, AND WINDSHIRE APARTMENTS, LP, Appellees

On Appeal from the 129th District Court Harris County, Texas

Trial Court Cause No. 2012-09885

ORDER

This is an accelerated appeal from the denial of appellants’ plea to the jurisdiction. On September 23, 2013, appellees filed a motion in this court requesting temporary orders pursuant to Texas Rule of Appellate Procedure 29. Rule 29.3 provides that in an appeal from an interlocutory order, an appellate court may make “any temporary orders necessary to preserve the parties’ rights until disposition of the appeal and may require appropriate security.” Tex. R. App. P. 29.3.

Appellee requests that we enter a temporary order preventing appellants from disconnecting the water and sewer utility services to Regency Park and Windshire Apartments on September 27, 2013, and to Little Nell Apartments on October 3, 2013.

It appears from the facts stated in the motion that appellees’ rights will be prejudiced unless immediate temporary relief is granted. Accordingly, we grant the motion and issue the following order.

We therefore ORDER that appellants refrain from discontinuance of any utility services provided by the City of Houston, including water and sewer services, until final decision by this court in this interlocutory appeal or until further orders of this court.

PER CURIAM

Panel consists of Justices Brown, Christopher, and Donovan.

City of Houston and Daniel W. Kruger, in His Official Capacity as Director of Public Works and Engineering Department v. Little Nell Apartments, L.P., (Tex. Ct. App. 2013).

Pincite

City of Houston and Daniel W. Kruger, in His Official Capacity as Director of Public Works and Engineering Department v. Little Nell Apartments, L.P. (City of Houston and Daniel W. Kruger, in His Official Capacity as Director of Public Works and Engineering Department v. Little Nell Apartments, L.P.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.