Opinion
No. 04-15-00819-CV
02-02-2016
CITY OF SAN ANTONIO, Appellant v. SAN ANTONIO FIREFIGHTERS' ASSOCIATION, LOCAL 624, Appellee
From the 57th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CI17586
Honorable Martha Tanner, Judge Presiding
ORDER
A panel of this court recently issued an opinion addressing our jurisdiction to consider permissive appeals under section 51.014(d) of the Texas Civil Practice and Remedies Code. See City of San Antonio v. Tommy Harral Construction, Inc., No. 04-15-00286-CV, 2016 WL 327886 (Tex. App.—San Antonio Jan. 27, 2016, no pet. h.); see id. at *6 (Marion, C.J., dissenting); see also TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d) (West Supp. 2015). The Harral opinion held that because the trial court's order denying the City's motion for partial summary judgment did not "affirmatively state the trial court's substantive ruling on the specific legal issue presented for this court to decide, and we [could] not infer from the record what the trial court's substantive ruling was," we lacked jurisdiction over the permissive appeal. Harral, 2016 WL 327886, at *1.
Accordingly, we ORDER the appellant City of San Antonio to file a supplemental petition for permission to appeal addressing the issue of whether the trial court's order denying the City's motion for partial summary judgment and granting a permissive appeal complies with the requirements of Harral. Id.; see TEX. R. APP. P. 29.5 (trial court retains jurisdiction of the case during pendency of an interlocutory appeal and may make further orders unless otherwise prohibited by statute). The supplemental petition for permission to appeal is due no later than twenty (20) days after the date of this order.
/s/_________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 2nd day of February, 2016.
/s/_________
Keith E. Hottle
Clerk of Court