Opinion
13-22-00420-CV
09-27-2022
THE CITY OF EDINBURG,Appellant, v. MARIBEL REYNA,Appellee.
On appeal from the 92nd District Court of Hidalgo County, Texas.
Before Chief Justice Contreras and Justices Benavides and Tijerina
ORDER
Per Curiam
This is an interlocutory appeal of the trial court's denial of a plea to the jurisdiction. Appellant, the City of Edinburg, has filed an "Unopposed Emergency Motion for Stay" asking this Court to order all trial court proceedings stayed until the appeal is resolved. Appellant represents that there is no automatic stay under Texas Civil Practice and Remedies Code § 51.014(b) because its plea to the jurisdiction was filed more than 180 days after it answered the suit. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(c). Appellant further represents that: (1) trial is currently scheduled for October 17, 2022; and (2) appellant filed a motion for stay pending appeal in the trial court; but (3) the trial court scheduled a hearing on appellant's motion for stay for "three days after the current trial setting." Appellant certified that appellee has indicated she is not opposed to the relief requested in appellant's emergency motion.
Having reviewed the motion, we conclude that it is meritorious and should be granted. Accordingly, we GRANT the "Unopposed Emergency Motion for Stay." All proceedings in the underlying cause, styled Maribel Reyna v. City of Edinburg and Hidalgo County, Cause No. C-1901-19-A, in the 92nd District Court of Hidalgo County, are hereby STAYED until further order of this Court. See Tex. R. App. P. 43.6.