Opinion
No. 05-18-01284-CV
04-09-2019
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