Opinion
NO. 03-16-00172-CV
04-15-2016
GTECH Corporation, Appellant v. James Steele, et al., Appellees
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT
NO. D-1-GN-14-005114, HONORABLE AMY CLARK MEACHUM, JUDGE PRESIDINGORDER
PER CURIAM
In this cause, GTECH Corporation has sought to invoke our jurisdiction to review an interlocutory order through both a notice of appeal filed under color of Texas Civil Practice and Remedies Code Section 51.014, Subsection (a)(8), and a petition for permissive appeal under Subsection (f) of Section 51.014. The petition is unopposed; consequently, we will suspend the ten-day response period and proceed to rule. We agree with GTECH that the appeal is warranted and we accept it. This appeal will proceed under the rules governing accelerated appeals, and for those purposes the date of this order is deemed the date the notice of appeal was filed.
See Tex. Civ. Prac. & Rem. Code § 51.014(a)(8) ("A person may appeal from an interlocutory order of a district court . . . that . . . grants or denies a plea to the jurisdiction by a governmental unit as that term is defined in Section 101.001").
See id. § 51.014(f) ("An appellate court may accept an appeal permitted by Subsection (d) if the appealing party, not later than the 15th day after the date the trial court signs the order to be appealed, files in the court of appeals having appellate jurisdiction over the action an application for interlocutory appeal explaining why an appeal is warranted under Subsection (d)."); see also id. § 51.014(d) ("a trial court in a civil action may, by written order, permit an appeal from an order that is not otherwise appealable if: (1) the order to be appealed involves a controlling question of law as to which there is a substantial ground for difference of opinion; and (2) an immediate appeal from the order may materially advance the ultimate termination of the litigation"); Tex. R. App. P. 28.3 (implementing rule). Accompanying GTECH's petition is an order from the district court that satisfies Subsection (d).
See Tex. R. App. P. 10.3(a)(2), 28.3(j).
See Tex. Civ. Prac. & Rem. Code § 51.014(f).
See id.; Tex. R. App. P. 28.3(k). --------
Furthermore, out of concern that it may otherwise be required to file duplicative briefing in both this permissive appeal and a parallel appeal it has perfected under Subsection (a)(8), GTECH has filed an unopposed motion to file a single brief in this cause and to extend its deadline until June 6, 2016. We grant this relief as well.
It is ordered on April 15, 2016. Before Chief Justice Rose, Justices Pemberton and Bourland