in Re City of Beaumont, Texas

• Court: Court of Appeals of Texas
• Decided: August 11, 2017
• Docket: 09-17-00304-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-17-00304-CV ____________________

IN RE CITY OF BEAUMONT, TEXAS

_______________________________________________________ ______________

Original Proceeding 60th District Court of Jefferson County, Texas Trial Cause No. A-192,887 ________________________________________________________ _____________

ORDER

The City of Beaumont filed a petition for writ of mandamus. The relator is the

defendant in Cause No. A-192,887, James Mathews v. City of Beaumont, Texas.

Relator seeks a writ compelling the Honorable Justin Gary Sanderson to vacate an

order of abatement and an order denying reconsideration, to strike Matthews’

purported election to appeal to the Civil Service Commission, to sever claims into

another cause, and to proceed with the appeal of the hearing examiner’s decision

upholding Mathews’ termination. We note our jurisdiction over this matter and the

parties. See Tex. Gov’t Code Ann. § 22.221 (West 2004).

1 Relator requests that we stay all proceedings as temporary relief. See Tex. R.

App. P. 52.10(a). The Court finds temporary relief is necessary to prevent undue

prejudice. It is ORDERED that the trial court’s July 14, 2017 Abatement Order and

July 10, 2017 Discovery Order are STAYED until our Opinion issues or until further

Order of this Court. See Tex. R. App. P. 52.10(b). It is further ORDERED that all

further proceedings in the trial court in Cause No. A-192,887, including discovery

and Mathews’ attempt to appeal to the Civil Service Commission pursuant to the

trial court’s July 14, 2017 Order of Abatement, are STAYED until our Opinion

issues or until further order of this Court. See id. No bond is required of the relator

as a condition of the relief granted herein.

MOTION FOR TEMPORARY RELIEF GRANTED.

ORDER ENTERED August 11, 2017.

PER CURIAM

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