in Re State of Texas by and Through the Texas Transportation Commission

• Court: Court of Appeals of Texas
• Decided: August 2, 2021
• Docket: 14-21-00238-CV
• Status: Published

Opinion

Order filed August 2, 2021.

In The

Fourteenth Court of Appeals ____________ NO. 14-21-00157-CV ____________ THE STATE OF TEXAS BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION, Appellant V. AHMAD SULEIMAN, INDIVIDUALLY AND COLUMBIA STOP, LLC, Appellees

On Appeal from the 239th District Court Brazoria County, Texas Trial Court Cause No. 107226-CV

____________ NO. 14-21-00238-CV ____________ IN RE STATE OF TEXAS BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS 239th District Court Brazoria County, Texas Trial Court Cause No. 107226-CV

ORDER On March 23, 2021, the State of Texas by and through the Texas Transportation Commission (“the State”) filed a notice of appeal from the trial court’s order signed March 4, 2021, denying the State’s motion to dismiss for want of jurisdiction. The State’s appeal was assigned to this Court under our appellate number 14-21-00157-CV.

On May 6, 2021, the State filed a petition for writ of mandamus “[o]ut of an abundance of caution, and strictly in the alternative,” complaining of the trial court’s order signed February 8, 2021, denying the State’s motion to abate in the same trial court cause number at issue in the State’s interlocutory appeal. The original proceeding has been assigned our case number 14-21-00238-CV.

Today, the Court, on its own motion, ORDERS CONSOLIDATION of the appeal and the original proceeding, Nos. 14-21-00157-CV and 14-21-00238-CV.

We further ORDER Ahmed Sulieman, Individually and Columbia Stop, LLC’s motion to abate mandamus proceedings DENIED. The petition for a writ of mandamus remains pending. 2 PER CURIAM

Panel consists of Justices Wise, Jewell, and Spain. (Justice Spain dissents and would dismiss for lack of a proper original-proceeding record.).