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City Coppell v. CB Parkway

Court of Appeals of Texas, Fifth District, Dallas
Nov 7, 2006
No. 05-06-00711-CV (Tex. App. Nov. 7, 2006)

Opinion

No. 05-06-00711-CV

Opinion Filed November 7, 2006.

On Appeal from the County Court at Law No. Three, Dallas County, Texas, Trial Court Cause No. cc-05-15940-c.

Dismiss.

Before Justices MORRIS, LANG, and LANG-MIERS.


MEMORANDUM OPINION


This is an interlocutory appeal of the trial court's order stating it lacked subject matter jurisdiction to hear appellant's petition for writ of injunction in this condemnation proceeding because the proceeding was in the administrative phase. The core issue in the appeal is whether the trial court had jurisdiction to consider the petition for writ of injunction.

Before the Court is appellees' October 13, 2006 motion to dismiss the appeal as moot. Appellees argue that while this appeal was pending, they filed objections to the special commissioners award. Filing timely objections to the special commissioners award invokes the jurisdiction of the trial court and transforms the administrative proceeding into a pending cause. John v. State, 826 S.W.2d 138, 141 n. 5 (Tex. 1992) (citing Pearson v. State, 159 Tex. 66, 315 S.W.2d 935, 937 (1958)). Appellant concedes the trial court now has jurisdiction to hear its petition for writ of injunction although it opposes the motion to dismiss. We conclude that by filing objections to the special commissioners award, appellees invoked the jurisdiction of the trial court. As a result, appellees' motion to dismiss the appeal as moot is GRANTED and the appeal is DISMISSED.


Summaries of

City Coppell v. CB Parkway

Court of Appeals of Texas, Fifth District, Dallas
Nov 7, 2006
No. 05-06-00711-CV (Tex. App. Nov. 7, 2006)
Case details for

City Coppell v. CB Parkway

Case Details

Full title:CITY OF COPPELL, TEXAS, Appellant, v. CB PARKWAY BUSINESS CENTER VI, LTD…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Nov 7, 2006

Citations

No. 05-06-00711-CV (Tex. App. Nov. 7, 2006)