Court of Civil Appeals of Texas, 2002

Priscilla Flores and Reggie Flores v. Temple Independent School District

Priscilla Flores and Reggie Flores v. Temple Independent School District
Court of Civil Appeals of Texas · Decided September 24, 2002

Priscilla Flores and Reggie Flores v. Temple Independent School District

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN





NO. 03-02-00565-CV







Priscilla Flores and Reggie Flores, Appellants



v.



Temple Independent School District, Appellee






FROM THE DISTRICT COURT OF BELL COUNTY, 169TH JUDICIAL DISTRICT

NO. 190,804-C, HONORABLE GORDON G. ADAMS, JUDGE PRESIDING


O R D E R

PER CURIAM

The Floreses have applied for interlocutory appeal. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(d) (West Supp. 2002). Although we will dismiss the application, the appeal will proceed as an accelerated appeal of an interlocutory order.

The order attached to the application, in which the district court grants Temple Independent School District's plea to the jurisdiction, states that "[t]his interlocutory order is appealable pursuant to Tex. Civ. Prac. & Rem. Code § 51.014." Orders granting pleas to the jurisdiction by governmental entities are appealable. Id. § 51.014(a)(8). School districts are governmental entities for purposes of this statute. See id.; see also id. § 101.001(3)(B). Application for permission to appeal from an interlocutory order is necessary and proper only when a party attempts to appeal an order "not otherwise appealable under this section." See id. § 51.014(d). Because the Floreses' application is unnecessary, we dismiss it as an application.

Instead, we consider the application a notice of interlocutory appeal. See Tex. R. App. P. 26.1(b), 28.1. Because the order appealed concerns only Temple Independent School District's plea to the jurisdiction, the style of this appeal will not include the other defendant in the district court, American Dance/Drill Team Association. The timetables for accelerated appeals apply. See Tex. R. App. P. 28.1, 35.1(b) (record), 38.6 (briefs). By statute, trial in the district court cannot commence until this appeal is resolved. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(b).

It is ordered September 24, 2002.



Before Chief Justice Aboussie, Justices Patterson and Puryear

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