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Chao v. Plano Bldg. Standards Comm'n

Court of Appeals Fifth District of Texas at Dallas
Jul 5, 2017
No. 05-17-00450-CV (Tex. App. Jul. 5, 2017)

Opinion

No. 05-17-00450-CV

07-05-2017

JAMES T. CHAO, Appellant v. PLANO BUILDING STANDARDS COMMISSION, CITY OF PLANO, TEXAS, Appellee


On Appeal from the 401st Judicial District Court Collin County, Texas
Trial Court Cause No. 401-05450-2016

ORDER

By order dated June 12, 2017, this Court issued an order that, in part, denied appellant's motion for an extension of time to file a notice of appeal as moot after determining the appeal is not accelerated because the order on the plea to the jurisdiction finally resolved the case. Before the Court is appellant's June 28, 2017 motion to reconsider that order as it relates to the finality of the case. Appellant maintains the City of Plano is a separate defendant from the Plano Building Standards Commission and that his claims against the City remain pending. The plea to the jurisdiction was filed by "Plano Building Standards Commission, City of Plano, Texas". The trial court's docket sheet and the order granting the plea to the jurisdiction refer to a single defendant. Accordingly, we treat Plano Building Standards Commission, City of Plano, Texas as a single entity. Because the plea to the jurisdiction was filed on behalf of Plano Building Standards Commission, City of Plano, Texas and the trial court granted the plea, that order was final. Accordingly, we DENY the motion.

/s/ ELIZABETH LANG-MIERS

JUSTICE


Summaries of

Chao v. Plano Bldg. Standards Comm'n

Court of Appeals Fifth District of Texas at Dallas
Jul 5, 2017
No. 05-17-00450-CV (Tex. App. Jul. 5, 2017)
Case details for

Chao v. Plano Bldg. Standards Comm'n

Case Details

Full title:JAMES T. CHAO, Appellant v. PLANO BUILDING STANDARDS COMMISSION, CITY OF…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jul 5, 2017

Citations

No. 05-17-00450-CV (Tex. App. Jul. 5, 2017)