City of Pasadena, Texas v. Kinsel Industries, Inc.

Opinion issued January 14, 2010

















In The

Court of Appeals

For The

First District of Texas




NO. 01-09-00242-CV




CITY OF PASADENA, TEXAS, Appellant



V.



KINSEL INDUSTRIES, INC., Appellee




On Appeal from the 11th District Court

Harris County, Texas

Trial Court Cause No. 2003-70166




MEMORANDUM OPINION

This is an interlocutory appeal concerning the scope of Local Government Code section 271.152's waiver of governmental immunity in contract cases. See Tex. Loc. Gov't Code Ann. § 271.152 (Vernon 2006); see also Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (Vernon 2008) (authorizing interlocutory appeal by governmental unit of denial of plea to jurisdiction). Before this case was submitted, appellant City of Pasadena and appellee Kinsel Industries, Inc. filed a joint motion to dismiss the appeal.

We grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(2).



PER CURIAM

Panel consists of Chief Justice Radack and Justices Jennings and Massengale.