Opinion
NO. 03-17-00397-CV
06-28-2017
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 250TH JUDICIAL DISTRICT
NO. D-1-GN-17-002025 , HONORABLE LORA J. LIVINGSTON, JUDGE PRESIDING ORDER
PER CURIAM
Appellants, Whitney Brewster, Executive Director, Texas Department of Motor Vehicles; and Jeremiah Kuntz, Director, Vehicle Titles and Registration, Texas Department of Motor Vehicles have filed an "Emergency Motion for Stay Pursuant to Texas Rule of Appellate Procedure 29.3." Their motion invokes and seeks enforcement of the automatic stay in section 51.014(b) of the Civil Practice and Remedies Code, pending our resolution of their interlocutory appeal from the district court's denial of their plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code § 51.014(a)(8) (authorizing interlocutory appeal of order that grants or denies plea to jurisdiction by governmental unit as that term is defined in Section 101.001), (b) (providing, with certain exceptions not applicable here, that interlocutory appeal under subsection 51.014 (a) "stays the commencement of a trial in the trial court pending resolution of the appeal" and that appeal under subsection (a)(8) "stays all other proceedings" in trial court pending resolution of appeal). Appellees filed a response opposing the motion for stay and alternatively, their own motion for emergency relief. See Tex. R. App. P. 29.3.
However, "the stay set forth in section 51.014 is statutory and allows no room for discretion." In re Texas Educ. Agency, 441 S.W.3d 747, 750 (Tex. App.—Austin 2014, orig. proceeding) (citing Sheinfeld, Maley & Kay, P.C. v. Bellush, 61 S.W.3d 437, 439 (Tex. App.—San Antonio 2001, no pet.); Tarrant Reg'l Water Dist. v. Gragg, 962 S.W.2d 717, 718 (Tex. App.—Waco 1998, no pet.)). Accordingly, we grant appellants' motion and order all trial-level proceedings stayed pending our resolution of appellants' interlocutory appeal.
It is ordered June 28, 2017. Before Chief Justice Rose, Justices Field and Bourland