Opinion
04-24-00441-CV
07-16-2024
Richard M. YOUNG, Jr. a/k/a Richard Young, Appellant v. TEXAS PARKS AND WILDLIFE DEPARTMENT, John Silovsky, as Wildlife Division Director of Texas Parks and Wildlife Department, Texas Animal Health Commission, and The State of Texas, Appellees
From the 216th Judicial District Court, Gillespie County, Texas Trial Court No. 24-17777 Honorable Albert D. Pattillo, III, Judge Presiding
ORDER
Beth Watkins, Justice
This is an interlocutory appeal from an order granting appellee's plea to the jurisdiction. On July 16, 2024, appellant filed a "Motion for Emergency Stay of 'Kill Order' During Pendency of Interlocutory Appeal." Appellant's motion asserts that on March 18, 2024, appellee informed appellant by letter that it intended to euthanize a captive herd of deer currently held on appellant's property and that appellee intends to effectuate this "kill order" on or after July 22, 2024. Appellant's motion contends a stay is necessary to preserve the parties' rights and this court's jurisdiction while this interlocutory appeal is pending.
"When an appeal from an interlocutory order is perfected, the appellate court may make any temporary orders necessary to preserve the parties' rights until disposition of the appeal[.]" TEX. R. APP. P. 29.3; see also, e.g., In re Geomet Recycling, LLC, 578 S.W.3d 82, 89-90 (Tex. 2019). We temporarily GRANT appellant's motion, STAY the March 18, 2024 "kill order," and ORDER appellee to temporarily refrain from euthanizing any deer currently held on appellant's property until further order of this court. We invite appellee to file a response to appellant's "Motion for Emergency Stay of 'Kill Order' During Pendency of Interlocutory Appeal" by July 31, 2024.