Opinion
NO. 14-18-00976-CV NO. 14-18-00990-CV
07-17-2020
CITY OF HOUSTON, TEXAS, Appellant v. HOUSTON PROFESSIONAL FIRE FIGHTERS' ASSOCIATION, LOCAL 341, Appellee
On Appeal from the 234th District Court Harris County, Texas
Trial Court Cause No. 2017-42885
ORDER
The City of Houston filed an Agreed Petition for Permission to Appeal in case number 14-18-00976-CV on November 6, 2018, pursuant to section 51.014(f) of the Civil Practices and Remedies Code, to appeal the trial court's order denying the City's motion for summary judgment signed on October 22, 2018.
On November 12, 2018, the City of Houston filed a notice of appeal from the trial court's order denying the City's plea to the jurisdiction signed on October 22, 2018, in case number 14-18-00990-CV.
This court ordered case number 14-18-00976-CV consolidated with case number 14-18-00990-CV on November 27, 2018.
On March 12, 2019, the City of Houston filed a letter in this court, stating:
On or about November 27, 2018, this Court consolidated Appellant's Petition for Permissive Appeal (Case No. 14-18-00976-CV) of the 234th District Court's denial of its Cross-Motion for Summary Judgment, with Appellant's appeal of the 234th District Court's denial of its plea to the jurisdiction (Case No. 14-18-00990-CV); however, after the consolidation order information about the status of the permissive appeal petition has not been received. The purpose of this letter brief is to respectfully bring this pending issue to the Court's attention, and to discuss a recent decision by the Texas Court of Criminal Appeals that bears on the issues in this pending petition for permissive appeal.Since that time, no motion or other action has been taken by either party with regard to the petition for permissive appeal.
The parties are requested to inform this court if a decision on the permissive appeal is still desired. If so, we request the parties to inform this court if they intend to submit briefing, in addition to that which has been filed in appeal number 14-18-00990-CV, should this court grant the petition for permissive appeal.
Further, we note that the appeal in case number 14-19-00427-CV, styled Houston Professional Fire Fighters Association, et. al., Appellants v. Houston Police Officers' Union, et. al., Appellees, has been fully briefed in this court and is ready for submission. We request the parties to file a letter brief that will inform this court as to the interplay, if any, between appeal number 14-18-00990-CV and appeal number 14-19-00427-CV and what effect, if any, a decision in appeal number 14-18-00990-CV may have on appeal number 14-19-00427-CV.
The requested letter briefs are to be filed in this court on or before July 27, 2020.
PER CURIAM Panel Consists of Justices Zimmerer, Spain, and Hassan. (J., Spain not participating).