In Re City of Houston v. the State of Texas

Motion to Stay Denied; Petition for Writ of Mandamus Denied and Opinion
filed March 15, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00193-CV

IN RE CITY OF HOUSTON, Relator

ORIGINAL PROCEEDING
WRIT OF MANDAMUS
11th District Court
Harris County, Texas
Trial Court Cause No. 2019-10130

MEMORANDUM OPINION

On Thursday, March 14, 2024, relator City of Houston filed a petition for a
writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex.
R. App. P. 52. In the petition, relator asks this court to compel the Honorable
Kristen Brauchle Hawkins, presiding judge of the 11th District Court of Harris
County to observe an automatic stay it says was triggered when it filed a notice of
interlocutory appeal under Civil Practice and Remedies Code section 51.014(a)(8).
See Tex. Civ. Prac. & Rem. Code Ann. §§ 51.014(a)(8); .014(b).
In addition, on Thursday March 14, 2024, relator asked this court to require
Judge Hawkins to stay all proceedings until this original proceeding and related
interlocutory appeal were resolved.
The trial court has not ruled on the plea to jurisdiction. Thus, the notice of
interlocutory appeal is premature, and the automatic stay is not in effect. The
petition for a writ of mandamus and the motion to stay are denied.

PER CURIAM

Panel consists of Justices Wise, Hassan, Spain.

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