City of Brownsville, et al., v. Brownsville GMS, 13-19-00467-CV (Tex.App. – Corpus Christi, September 27, 2019).
This is a governmental immunity/contract case where a temporary injunction was sought. The Corpus Christi court out of Edinburg held the trial court’s failure to rule on the City’s plea to the jurisdiction was not a denial of the City’s plea because a simultaneous separate interlocutory appeal was filed staying the proceedings.
Brownsville GMS, Ltd. (GMS) sued the City of Brownsville (City), the Mayor, and the city commission members complaining of the manner in which the City awarded its waste disposal contract. GMS obtained a temporary injunction to preclude the City from acting on the award and an order for expedited discovery. The individuals filed motions to dismiss based on Tex. Civ. Prac. & Rem. Code Ann. § 101.06(e). The City also filed two pleas to the jurisdiction asserting immunity. The trial court scheduled multiple motions to be heard on August 13, 2019. The trial court denied the motions to dismiss during the hearing. The individuals filed an interlocutory appeal during the hearing for the denial. The trial court did not rule on any other motions during the hearing as the proceedings were stayed.
The City also appealed and argued that the trial court’s refusal to rule on its pleas to the jurisdiction invokes the implicit ruling doctrine and cites Thomas v. Long, 207 S.W.3d 334 (Tex. 2006). In Thomas, the implicit ruling was predicated on the trial court’s grant of affirmative relief to Long while at the same time failing to rule on Thomas’s plea to the jurisdiction. The trial court did not have authority to grant the relief Long sought unless it affirmatively determined that it had jurisdiction. Here, the trial court became aware that DeLeon filed an instantaneous interlocutory appeal, thereby staying all proceedings. The trial court correctly recognized it did not have the power to rule on the pleas and adjourned the hearing. Because the trial court had no authority to rule on the pleas it did not implicitly deny the pleas. The appellate court therefore lacks jurisdiction to hear the City’s appeal.
If you would like to read this opinion click here. The panel consists of Justices Benavides, Longoria and Perkes. Memorandum opinion by Justice Benavides.