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McMaster v. Pub. Util. Comm'n of Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Oct 5, 2011
NO. 03-11-00571-CV (Tex. App. Oct. 5, 2011)

Opinion

NO. 03-11-00571-CV

10-05-2011

Jessie F. McMaster, Jr., Appellant v. Public Utility Commission of Texas, Appellee


FROM THE DISTRICT COURT OF TRAVIS COUNTY, 250TH JUDICIAL DISTRICT

NO. D-1-GN-11-000379, HONORABLE AMY CLARK MEACHUM, JUDGE PRESIDING


ORDER

PER CURIAM

This interlocutory appeal arises from a suit for judicial review challenging the Public Utility Commission's final order granting Lone Star Transmission, LLC permission to build an electric transmission line. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (West 2008); Tex. Util. Code Ann. § 39.904 (West Supp. 2010). Jessie F. McMaster, Jr., an intervenor in the trial court, appeals the trial court's order granting pleas to the jurisdiction.

Lone Star filed a motion to intervene in this appeal. Lone Star also filed an emergency motion to lift the statutory automatic stay of trial court proceedings, seeking to allow the district court to consider the Commission's motion for leave to amend its answer and withdraw its plea to the jurisdiction and Lone Star's motion to sever the other plaintiffs' claims. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(b); Tex. R. App. P. 10.1(a), 10.3(3), 29.5. This Court requested a response from McMaster, see Tex. R. App. P. 10.1(b), who raises no objection to Lone Star's motion to intervene but opposes the motion to lift the statutory automatic stay. This Court also considered Lone Star's reply.

We grant Lone Star's motion to intervene and deny the emergency motion to lift the automatic stay of trial court proceedings.

It is ordered October 5, 2011. Before Justices Puryear, Rose and Goodwin


Summaries of

McMaster v. Pub. Util. Comm'n of Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Oct 5, 2011
NO. 03-11-00571-CV (Tex. App. Oct. 5, 2011)
Case details for

McMaster v. Pub. Util. Comm'n of Texas

Case Details

Full title:Jessie F. McMaster, Jr., Appellant v. Public Utility Commission of Texas…

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Oct 5, 2011

Citations

NO. 03-11-00571-CV (Tex. App. Oct. 5, 2011)