Opinion issued June 7, 2018

In The Court of Appeals For The First District of Texas ———————————— NO. 01-17-00808-CV ——————————— IN RE FEDEX FREIGHT, INC., Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION In this original proceeding, relator FedEx Freight, Inc. complains of the trial court’s denial of FedEx’s plea to the jurisdiction and related motion for summary judgment.1 We deny relief because (and only because) a constitutional challenge remains pending below.

The underlying case is James A. Wyatt v. FedEx Freight Inc., cause number 2017– 26601, pending in the 133rd District Court of Harris County, Texas, the Honorable Jaclanel McFarland, presiding.

PER CURIAM Panel consists of Justices Higley, Brown, and Caughey.