City of Patton Village, Texas v. Concerned Citizen, Jonathan Fife, Holly Hesson, and Randall Hyde

In The Court of Appeals Ninth District of Texas at Beaumont

__________________ NO. 09-21-00368-CV __________________

CITY OF PATTON VILLAGE, TEXAS, Appellant

V.

CONCERNED CITIZEN, JONATHAN FIFE, HOLLY HESSON, AND

RANDALL HYDE, Appellees __________________________________________________________________

On Appeal from the 457th District Court

Montgomery County, Texas Trial Cause No. 20-02-02477-CV

__________________________________________________________________

ORDER

The City of Patton Village, Texas filed an unopposed motion to stay a bench trial scheduled to start on November 24, 2021. According to The City, it is entitled to a stay because it has filed a timely appeal challenging the order the trial court signed on November 3, 2021, denying its plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8). The City appealed that order nine days later on November 12, 2021. See id.; see also Tex. R. App. P. 26.1(b).

This Court has the right to issue orders as necessary to preserve the rights the parties have in cases involving appeals from interlocutory orders like the one The City is challenging in its appeal. Tex. R. App. P. 29.3. The City’s motion to stay was not opposed. Under the circumstances, we conclude a temporary order staying the trial is necessary to preserve the rights of the parties until the Court disposes of The City’s appeal.

We ORDER the trial court to stay the proceedings until our Opinion issues in the appeal in absence of any further orders by this Court related to the appeal currently before this Court. See id.

ORDER ENTERED November 22, 2021.

PER CURIAM Before Kreger, Horton and Johnson, JJ.