San Antonio Housing Authority v. Serento Apartments, LLC

• Court: Court of Appeals of Texas
• Decided: February 11, 2015
• Docket: 04-15-00075-CV
• Status: Published

Opinion

ACCEPTED 04-15-00075-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 2/11/2015 4:56:29 PM 04-15-00075-cv KEITH HOTTLE CLERK

CAUSE NO. 2014-CI-16503

SERENTO APARTMENTS, LLC § IN THE DISTRICT COURT FILED IN Plaintiff § 4th COURT OF APPEALS § SAN ANTONIO, TEXAS § 02/11/2015 4:56:29 PM VS. § 288TH JUDICIAL KEITH E.DISTRICT HOTTLE § Clerk § SAN ANTONIO HOUSING § AUTHORITY § Defendant § BEXAR COUNTY, TEXAS

DEFENDANT SAN ANTONIO HOUSING AUTHORITY’S NOTICE OF INTERLOCUTORY APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Defendant SAN ANTONIO HOUSING AUTHORITY, in the above

styled and numbered cause, now Appellant, and files this, its Notice of Interlocutory Appeal

pursuant to TEX.R.APP.P.25.1 AND TEX.R.APP.P.28.1. The trial court, as well as the case’s trial

court number and style, are identified above. Defendant SAN ANTONO HOUSING

AUTHORITY desires to appeal to the Fourth Court of Appeals, sitting in San Antonio, from the

Order Denying Defendant San Antonio Housing Authority’s Plea to the Jurisdiction, and its

Motion to Dismiss based on the defense of governmental and sovereign immunity and signed on

January 22, 2015. Defendant’s Plea to the Jurisdiction, and its Motion to Dismiss was heard and

denied by the Hon. Stephani A. Walsh, Judge of the 45th Judicial District Court of Bexar County,

Texas. This appeal is interlocutory under §§51.014(a)(5) & (8) of the Texas Civil Practice and

Remedies Code and, thus, is an accelerated appeal. TEX.R.APP.P.28.1.

Defendant San Antonio Housing Authority’s Notice of Interlocutory Appeal Page 1 Respectfully submitted,

HOBLIT FERGUSON DARLING LLP Bank of America Plaza 300 Convent Street, Suite 1450 San Antonio, Texas 78205 Telephone: (210) 224-9991 Facsimile: (210) 226-1544 Email: mralls@hfdlaw.com

By: N. MARK RALLS State Bar No. 16489200 APRIL Y. QUIÑONES State Bar No. 24079167

ATTORNEYS FOR DEFENDANT, HOUSING AUTHORITY OF THE CITY OF SAN ANOTNIO D/B/A SAN ANTONIO HOUSING AUTHORITY

CERTIFICATE OF SERVICE

I hereby certify that on the 11th day of February, 2015, a true and correct copy of the foregoing instrument was sent via facsimile to the following counsel of record:

James A. Rickerson Via Facsimile: 210-734-8097 Law Office of James A. Rickerson 111 E. Euclid San Antonio, Texas 78212 Counsel for Plaintiff

N. MARK RALLS

Defendant San Antonio Housing Authority’s Notice of Interlocutory Appeal Page 2