Opinion
15-24-00120-CV
12-06-2024
STATE OF TEXAS, Appellant v. HARRIS COUNTY, TEXAS, ET AL., Appellees
On Appeal from the 165th District Court Harris County, Texas Trial Court Cause No. 2024-63919.
Before Chief Justice Brister and Justices Field and Farris.
ORDER
PER CURIAM
This is an appeal from an order granting a plea to the jurisdiction. Appellant the State of Texas (the "State") filed a motion seeking temporary relief under Rules 24.4 and 29.3 of the Texas Rules of Appellate Procedure to enjoin Appellees Harris County and Harris County officials from implementing the Community Prosperity Program (the "Program") during the pendency of this appeal. In the alternative, the State requests that the Court issue an administrative stay prohibiting the implementation of the Program during the pendency of this appeal and to also expedite this appeal.
Appellees oppose the requests for temporary relief and an administrative stay, but they do not oppose the request for expediting the appeal. Appellees also move to expedite the appeal.
Since the filing of the motion, the trial court has amended the judgment. Under Rule 27.3 of the Texas Rules of Appellate Procedure, the Court is permitted to "treat actions relating to the appeal of the first order or judgment as relating to the appeal of the subsequent order or judgment." Tex.R.App.P. 27.3 We treat the State's motion as relating to the appeal of the amended judgment.
The Court has the inherent authority to issue orders necessary or proper to preserve its jurisdiction during the pendency of an appeal. In re Sheshtawy, 154 S.W.3d 114, 120 & n.50 (Tex. 2004); Richards v. League of United Latin Am. Citizens (LULAC), 863 S.W.2d 449 (Tex. 1993); Tex. Gov't Code § 22.221(a). To protect our jurisdiction pending a ruling on the merits of the case, the Court ORDERS that Appellees refrain from distributing funds under the Program during the pendency of this appeal or until further order of this Court.
The Court GRANTS the motion of the State and Appellees to expedite the appeal. The Court hereby ORDERS:
• the State to file its appellant's brief within 14 days after the date the clerk's record is filed or the date the reporter's record is filed, whichever is later;
• the Appellees to file their brief within 14 days after the date that the appellant's brief is filed;
• and the State to file its reply brief, if any, within 7 days of the date
that the appellees' brief is filed. The Court will not grant extensions to file the clerk's record and reporter's record.
We DISMISS AS MOOT the State's request for temporary relief and request in the alternative for an administrative stay.