City of Patton Village, Texas v. Concerned Citizen, Jonathan Fife, Holly Hesson, and Randall Hyde

• Court: Court of Appeals of Texas
• Decided: November 22, 2021
• Docket: 09-21-00368-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-21-00368-CV __________________

CITY OF PATTON VILLAGE, TEXAS, Appellant

V.

CONCERNED CITIZEN, JONATHAN FIFE, HOLLY HESSON, AND RANDALL HYDE, Appellees

__________________________________________________________________

On Appeal from the 457th District Court Montgomery County, Texas Trial Cause No. 20-02-02477-CV __________________________________________________________________

ORDER

The City of Patton Village, Texas filed an unopposed motion to stay a bench

trial scheduled to start on November 24, 2021. According to The City, it is entitled

to a stay because it has filed a timely appeal challenging the order the trial court

signed on November 3, 2021, denying its plea to the jurisdiction. See Tex. Civ. Prac.

& Rem. Code Ann. § 51.014(a)(8). The City appealed that order nine days later on

November 12, 2021. See id.; see also Tex. R. App. P. 26.1(b).

1 This Court has the right to issue orders as necessary to preserve the rights the

parties have in cases involving appeals from interlocutory orders like the one The

City is challenging in its appeal. Tex. R. App. P. 29.3. The City’s motion to stay was

not opposed. Under the circumstances, we conclude a temporary order staying the

trial is necessary to preserve the rights of the parties until the Court disposes of The

City’s appeal.

We ORDER the trial court to stay the proceedings until our Opinion issues in

the appeal in absence of any further orders by this Court related to the appeal

currently before this Court. See id.

ORDER ENTERED November 22, 2021.

PER CURIAM

Before Kreger, Horton and Johnson, JJ.