in Re City of Beaumont, Texas

• Court: Court of Appeals of Texas
• Decided: December 18, 2014
• Docket: 09-14-00498-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-14-00498-CV _________________

IN RE CITY OF BEAUMONT, TEXAS

________________________________________________________________________

Original Proceeding ________________________________________________________________________

MEMORANDUM OPINION

The City of Beaumont, Texas seeks a writ of mandamus compelling the trial

court to rule on a plea to the jurisdiction before trial on the merits. Generally, a

trial court deciding a plea to the jurisdiction has discretion to decide “whether the

jurisdictional determination should be made at a preliminary hearing or await a

fuller development of the case, mindful that this determination must be made as

soon as practicable.” Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217,

227 (Tex. 2004); see also Bland Indep. School Dist. v. Blue, 34 S.W.3d 547, 554

(Tex. 2000).

1 After reviewing the records and after considering the arguments presented

by relator and by the real party in interest, Justin Jackson, we conclude that the trial

court acted within its discretion in deciding to allow further development of the

facts of the case before ruling on the plea to the jurisdiction. Accordingly, we deny

the petition for writ of mandamus.

PETITION DENIED.

PER CURIAM

Submitted on November 26, 2014 Opinion Delivered December 18, 2014

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