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City of Brownsville, Texas, Tony Martinez, Rose Z. Gowen, Ricardo Longoria Jr., Joel Munguia, Ben Neece, and Jessica Tetreau in Their Official Capacities Only v. Brownsville GMS, Ltd. and Michael Bennett
Citation: Not availableDocket: 13-19-00467-CV
Court: Court of Appeals of Texas; September 27, 2019; Texas; State Appellate Court
Original Court Document: View Document
The appeal arises from the City of Brownsville and several officials challenging the trial court's alleged denial of their plea to the jurisdiction in a lawsuit initiated by Brownsville GMS, Ltd. GMS contested the City's waste disposal contract award and sought a temporary injunction to halt the City's actions. City Commissioner Cesar Deleon, involved in the case, filed a motion to dismiss individual claims against him, which the trial court denied. During the hearing, Deleon filed an interlocutory appeal, which stayed all further proceedings in the trial court, including the City’s jurisdictional pleas. The City argued that the trial court implicitly ruled against it by not deciding its pleas, referencing the implicit ruling doctrine from Thomas v. Long. However, the court clarified that the trial court lacked authority to rule on any pending motions due to the stay from Deleon’s appeal. Consequently, the court dismissed the City’s appeal for lack of jurisdiction, affirming that no implicit denial of the pleas occurred.