Narrative Opinion Summary
The Court of Appeals for the Second Appellate District of Texas rendered a new judgment on rehearing in the case involving the City of Grapevine and several respondents, including individual homeowners and a corporate entity. The case primarily involved an appeal by the City of Grapevine following a trial court decision. The appellate court addressed the City's motion for en banc reconsideration, which led to the withdrawal of its previous opinion. Upon review, the court identified an error in the trial court's handling of the City's amended plea to the jurisdiction. Consequently, the appellate court reversed the trial court's denial of this plea concerning the Homeowners’ preemption claim, resulting in the dismissal of that claim. However, the appellate court affirmed the remainder of the trial court's order. The decision mandates that each party bear their own costs related to the appeal process. The opinion was authored by Justice Elizabeth Kerr, reflecting careful judicial scrutiny and adherence to procedural norms.
Legal Issues Addressed
Appellate Review and Reconsiderationsubscribe to see similar legal issues
Application: The court considered a motion for en banc reconsideration and issued a new judgment, withdrawing its previous opinion.
Reasoning: The court withdrew its previous opinion dated August 5, 2021, and substituted a new judgment after considering the City of Grapevine's motion for en banc reconsideration and the responses from the Homeowners.
Costs of Appealsubscribe to see similar legal issues
Application: Each party bears their own costs associated with the appeal, as determined by the appellate court.
Reasoning: Each party is responsible for their own costs associated with the appeal.
Plea to the Jurisdictionsubscribe to see similar legal issues
Application: The appellate court reversed the trial court's denial of the City's amended plea to the jurisdiction, resulting in the dismissal of the Homeowners’ preemption claim.
Reasoning: Specifically, the court reversed the trial court's denial of the City of Grapevine's amended plea to the jurisdiction concerning the Homeowners’ preemption claim, resulting in the dismissal of that claim.