May 14, 2015
NO. 03-15-00294-CV
IN THE COURT OF APPEALS
FOR THE THIRD DISTRICT OF TEXAS
MANOR INDEPENDENT SCHOOL DISTRICT
Appellant
v.
DEYDRA STEANS
Appellee
From the 200th Judicial District Court of
Travis County, Texas
__________
APPELLANT’S MOTION FOR EMERGENCY STAY
______
Appellant, Manor Independent School District (“MISD”), asks the Court for
an emergency stay of jury trial pending interlocutory appeal.
1. MISD requests that this Court grant an emergency stay of the jury trial
of this case pending MISD’s interlocutory appeal of the denial of MISD’s plea to
the jurisdiction.
2. On May 12, 2015, the trial court denied Defendant’s plea to the
jurisdiction asserting governmental immunity on claims under Chapter 21 of the
Texas Labor Code.
3. On May 13, 2015, MISD filed a Notice of Interlocutory Appeal with
the Travis County District Clerk, pursuant to Section 51.014(a)(8) of the Texas
Civil Practice and Remedies Code.
4. This case is currently set for trial this coming Monday, May 18, 2015.
5. On May 13, 2015, after determining that Plaintiff opposes a stay (they
also oppose a continuance), MISD filed a Motion for Stay or for Continuance in
the district court. Counsel has been informed that the district court will not be able
to have the motion heard in the district court before 9:00 a.m. on May 18, 2015,
and that it is in the discretion of the district judge assigned at that time whether to
even consider the motion prior to trial. Thus, MISD seeks this emergency relief
here.
6. Even assuming the automatic stay provided for in Section 51.014(b)
does not apply to stay all proceedings 1, the stay of the trial should be granted
pursuant to Rule 29.5 of the Rules of Appellate Procedure. Allowing a trial to
proceed pending the interlocutory appeal would interfere with or impair the
jurisdiction of the appellate court or effectiveness of any relief sought or that may
be granted on appeal, which is prohibited by Rule 29.5. Specifically, the relief
1
That section provides for an automatic stay of all proceedings if the plea to the jurisdiction is filed and requested
for hearing within 180 days of the filing of the appropriate responsive pleading. Defendant could not file its plea to
the jurisdiction within that time frame because it was based on jurisdictional facts and, thus, required discovery,
which was delayed for various reasons, including an informal agreed stay pending protracted settlement discussions.
The plea was filed within a reasonable amount of time following the close of discovery (filed March 4, 2015 after
last depositions signed January 8, 2015).
2
sought on appeal is a dismissal of the claims over which MISD asserts the trial
court lacks jurisdiction based on governmental immunity. Such immunity is
immunity from suit. See, e.g., San Antonio Water Sys. v. Nicholas, 13-0966, 2015
WL 1873217, at *3 (Tex. Apr. 24, 2015); City of Houston v. Williams, 353 S.W.3d
128, 134 (Tex. 2011). Thus, if MISD is immune from suit, as it argues, and is
asking this Court to decide, it should not be subject to the burdens of a trial. If the
trial court continues to assert jurisdiction and conducts a trial, the effectiveness of
this Court’s remedy finding of a lack of jurisdiction will have been impaired and
rendered null. Not only would a trial on the merits at this point frustrate the
purposes of immunity to the detriment of MISD, but it also could result in a
needless waste of the trial court’s judicial resources in conducting a jury trial over
which it has no jurisdiction.
PRAYER
For the reasons stated in this motion, Appellant asks the Court for an
emergency stay of jury trial pending interlocutory appeal.
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Respectfully submitted,
By:___________________________
Jennifer A. Powell
Texas Bar No. 00783554
Abraham F. Barker
Texas Bar No. 24073241
4201 W. Parmer Lane, Suite A100
Austin, Texas 78727
512/476-9944
512/472-2599 fax
Attorneys for Manor Independent
School District
CERTIFICATE OF CONFERENCE
On May 13, 2015, I conferred with Gary Bledsoe, attorney for Plaintiff, and
he stated that he is opposed to a stay of the trial.
_________________________
Jennifer A. Powell
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the
foregoing document has been sent via court-generated electronic means and/or
email on May 14, 2015, to the following:
Gary L. Bledsoe
Alondra Johnson
Potter Bledsoe, LLP
316 West 12th Street, Suite 307
Austin, Texas 78701
Attorneys for Deydra Steans
______________________________
Jennifer A. Powell
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