Opinion
Appellate case number: 01-15-01039-CV
05-05-2016
City of Baytown, Scott Williams and Ron Bottoms v. APTBP, LLC d/b/a Bay Pointe Apartments and Gatesco, Inc.
ORDER ON MOTION FOR REHEARING Trial court case number: 2015-30625 Trial court: 189th District Court of Harris County
On March 15, 2016, this interlocutory appeal of an alleged oral ruling denying appellants' plea to the jurisdiction was dismissed for lack of jurisdiction. Although Section 51.014(a)(8) of the Texas Civil Practice & Remedies Code allows interlocutory appeals of orders granting or denying a plea to the jurisdiction by a governmental unit, appellants failed to demonstrate a denial of their plea to the jurisdiction by the trial court. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West Supp. 2015). On March 23, 2016, appellants filed a motion for rehearing indicating the trial court subsequently signed an order denying their plea to the jurisdiction. A supplemental clerk's record filed on April 15, 2016 includes the trial court's signed order denying appellants' plea to the jurisdiction.
Because the record demonstrates that the trial court has now entered an order denying appellants' plea to the jurisdiction, the jurisdictional defect upon which this appeal was dismissed has been cured. Accordingly, it is ordered that appellants' motion for rehearing is granted. We withdraw our opinion and judgment dismissing the appeal for lack of jurisdiction and reinstate this case on the Court's active docket.
It is so ORDERED. Judge's signature: /s/ Michael Massengale
Acting for the Court Panel consists of: Justices Jennings, Massengale, and Huddle. Date: May 5, 2016