Darryll Johnson and Penny Johnson v. Liberty County and Juan Zavala

• Court: Court of Appeals of Texas
• Decided: November 3, 2015
• Docket: 09-15-00410-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00410-CV ____________________

DARRYLL JOHNSON AND PENNY JOHNSON, Appellants

V.

LIBERTY COUNTY AND JUAN ZAVALA, Appellees _______________________________________________________ ______________

On Appeal from the 253rd District Court Liberty County, Texas Trial Cause No. CV1509179 ________________________________________________________ _____________

ORDER

On October 7, 2015, the trial court signed an interlocutory order, which

identified a controlling question of law that may materially advance the ultimate

termination of the litigation, and granted permission to appeal. See Tex. Civ. Prac.

& Rem. Code Ann. § 51.014(d) (West 2015); see also Tex. R. Civ. P. 168. On

October 9, 2015, Darryll Johnson and Penny Johnson filed a petition for

permission to appeal from the interlocutory order. See Tex. R. App. P. 28.3(a).

Juan Zavala filed a response. See Tex. R. App. P. 28.3(f). Liberty County did not

1 file a response. On October 30, 2015, the Johnsons filed a motion for a temporary

order staying the interlocutory order pending the appeal. See generally Tex. R.

App. P. 29.3. Zavala filed a response to the motion for temporary orders.

The Court grants the petition for permissive appeal of the trial court’s order

of October 7, 2015. See Tex. R. App. P. 28.3(k). Notice of appeal is deemed filed

as of the date of this Order. See Tex. R. App. P. 28.3(k). The record is due

November 13, 2015. See Tex. R. App. P. 35.1(b). The brief of the appellant is due

twenty days after the record is filed. See Tex. R. App. P. 38.6(a). The brief of the

appellee is due twenty days after the filing of the brief of the appellant. See Tex. R.

App. P. 38.6(b). The Clerk of the Court shall file a copy of this Order with the trial

court clerk. See Tex. R. App. P. 28.3(k).

Execution on the trial court’s interlocutory order granting Zavala’s motion

for summary judgment is stayed until the trial court severs the claims not disposed

of in the interlocutory order or issues a final judgment in the entire case, or until

further order of this Court. See generally Tex. R. Civ. P. 622.

ORDER ENTERED November 3, 2015.

PER CURIAM

Before McKeithen, C.J., Kreger and Johnson, JJ.