NUMBER 13-19-00109-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
CITY OF ELSA, TEXAS, Appellant,
v.
JESSE DIAZ, Appellee.
On appeal from the 398th District Court
of Hidalgo County, Texas.
ORDER
Before Chief Justice Contreras and Justices Longoria and Perkes
Order Per Curiam
Appellant, City of Elsa, Texas, has filed a motion to stay in this case. Appellant
has appealed a March 5, 2019 order denying its motion for no evidence summary
judgment and motion for traditional summary judgment. See TEX. CIV. PRAC. & REM.
CODE ANN. § 51.014(a)(5) (West, Westlaw through 2017 1st C.S.). Appellant requests
that we stay the underlying trial court proceedings in cause number C-1344-12-I
because it “does not want to unnecessarily expend time, effort, and money defending
this action and conducting discovery pending appeal, when the Court may find that
there is no jurisdiction” over the claims against it filed by appellee, Jesse Diaz. See id.;
id. § 51.014(b); TEX. R. APP. P. 29.1, 29.3, 29.5.
The Court, having examined and fully considered the matters on file herein, is of
the opinion that appellant is entitled to a stay of the trial court proceedings. Accordingly,
we grant appellant’s motion to stay and we order the trial court proceedings stayed
pending resolution of this appeal or further order of this Court.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
21st day of March, 2019.
2