in Re City of Rosenberg ( 2015 )

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed
October 13, 2015.
In The
Fourteenth Court of Appeals
NO. 14-15-00823-CV
IN RE CITY OF ROSENBERG, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
County Court at Law No 2
Fort Bend County, Texas
Trial Court Cause No. 15-CCV-055144
MEMORANDUM OPINION
On September 29, 2015, relator City of Rosenberg filed a petition for writ of
mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also
Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable
Jeffrey A. McMeans, presiding judge of the County Court at Law No 2 of Fort
Bend County, to set aside his Order Partially Denying the Defendant City of
Rosenberg’s Motion to Strike and Appointing Replacement Special Commissioner
signed on September 18, 2015. Relator argues that this order violated the automatic
stay provided by section 51.014(b) of the Texas Civil Practices and Remedies
Code because relator previously filed an interlocutory appeal of the trial court’s
denial of its plea to the jurisdiction. Relator also filed a motion asking this court for
an emergency stay of the proceedings below.
On October 13, 2015, in No. 14-15-00745-CV, City of Rosenberg v. the
State of Texas, this court issued an opinion dismissing the interlocutory appeal
because the City’s plea to the jurisdiction did not raise a jurisdictional issue.
Because relator’s petition for writ of mandamus is predicated on this interlocutory
appeal that has been dismissed, we likewise dismiss the petition and the emergency
motion for stay as moot.
PER CURIAM
Panel consists of Justices Christopher, McCally, and Donovan.
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