Mayor Mark A. Bricker, Julie Estlinbaum, Councilwoman, Position 1, Bill Cornman, Councilman, Position 2, and the City of Bay City, Texas v. Robert Neal Head

• Court: Court of Appeals of Texas
• Decided: June 17, 2019
• Docket: 13-18-00484-CV
• Status: Published

Opinion

NUMBER 13-18-00484-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

MARK A. BRICKER, MAYOR; JULIE ESTLINBAUM, COUNCILWOMAN, POSITION 1; BILL CORNMAN, COUNCILMAN, POSITION 2; AND CITY OF BAY CITY, TEXAS Appellants,

v.

ROBERT NEAL HEAD, Appellee.

On appeal from the 23rd District Court of Matagorda County, Texas.

ORDER Before Justices Benavides, Hinojosa, and Perkes Order Per Curiam Appellee filed suit challenging the validity of section 4.01 of the Bay City Charter

and alleging ultra vires conduct by city officials. The city and its officials seek interlocutory review of an order denying their plea to the jurisdiction. Since briefing was completed in

this case, the city passed Ordinance No. 1628, which amended section 4.01 by striking

the very language appellee complained was invalid. See TEX. R. EVID. 204(a), (b)(1) (a

court make take judicial notice of municipal ordinances on its own); Amarillo v. R.R.

Comm’n of Tex., 511 S.W.3d 787, 794 (Tex. App.—El Paso 2016, no pet.) (taking notice

of city ordinances).

The Court hereby abates this appeal and requests supplemental briefing from the

parties on whether any of appellee’s claims have become moot during the pendency of

this appeal. See Tex. Ass’n of Bus. v. Tex. Air. Control Bd., 852 S.W.2d 440, 445–46

(Tex. 1993) (an appellate court may consider its subject matter jurisdiction sua sponte);

TEX. R. APP. P. 38.7 (“A brief may be amended or supplemented whenever justice

requires, on whatever terms the court may prescribe.”). Appellants’ supplemental brief

shall be filed within twenty days from the date of this order. Appellee’s supplemental

brief shall be filed fourteen days thereafter.

IT IS SO ORDERED.

PER CURIAM

Delivered and filed the 17th day of June, 2019.