Kenneth Leo Buholtz v. Texas Department of Transportation ( 2019 )

Order entered April 9, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01284-CV
KENNETH LEO BUHOLTZ, Appellant
V.
TEXAS DEPARTMENT OF TRANSPORTATION, Appellee
On Appeal from the County Court at Law No. 6
Collin County, Texas
Trial Court Cause No. 006-02337-2018
ORDER
Before the Court is appellant’s February 11, 2019 motion challenging jurisdiction and
requesting appointment of counsel. Appellant filed a lawsuit against the Texas Department of
Transportation and Halff Associates, Inc. After the trial court granted the Texas Department of
Transportation’s plea to the jurisdiction, appellant filed a notice of appeal. Because appellant’s
claims against Halff Associates remain pending in the underlying case, this appeal was
subsequently docketed as an accelerated appeal from an interlocutory order. This Court has
jurisdiction over an interlocutory order granting a plea to the jurisdiction. See TEX. CIV. PRAC. &
REM. CODE ANN. § 51.014(a)(8). Additionally, this Court does not appoint counsel. For these
reasons, we DENY appellant’s motion challenging jurisdiction.
Also before the Court are appellant’s March 8, 2019 motion for sanctions and April 5,
2019 motion requesting a supplemental clerk’s record to include documents filed by Halff
Associates in the underlying case while this appeal has been pending. We DENY the motion for
sanctions. Additionally, our review is limited to the record before the trial court. See Perry
Homes v. Cull, 258 S.W.3d 580, 596 n.89 (Tex. 2008) ). The clerk’s record related to this
interlocutory appeal is complete. For these reasons, we DENY the motion for a supplemental
clerk’s record.
If appellant no longer wishes to pursue this interlocutory appeal, he shall file a voluntary
motion to dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). Otherwise, appellant shall file his
brief on the merits by May 10, 2019.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE