483 S.W.3d 795
Tex. App.2016Background
- Erika Rubio sued the Texas Parks and Wildlife Department (TPWD) for employment discrimination.
- TPWD raised sovereign immunity and filed a combined plea to the jurisdiction and Rule 166a(b) motion for summary judgment.
- TPWD’s plea alleged Rubio failed to exhaust administrative remedies and failed to timely serve TPWD under Tex. Lab. Code § 21.254; alternative relief sought dismissal or summary judgment.
- The trial court denied summary judgment, stayed ruling on the plea to the jurisdiction, and allowed targeted jurisdictional discovery.
- TPWD sought mandamus relief (and had filed a separate direct appeal) arguing the trial court abused its discretion by failing to promptly rule on the plea to the jurisdiction so TPWD could pursue an accelerated interlocutory appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether TPWD is entitled to mandamus to compel the trial court to rule on its plea to the jurisdiction | TPWD: trial court abused its discretion by refusing to promptly rule, preventing an interlocutory appeal | Rubio: trial court did not abuse discretion; no mandamus relief warranted | Court: TPWD failed to show entitlement to mandamus; petition denied |
| Whether mandamus is appropriate given available appellate remedies | TPWD: immediate ruling needed to seek accelerated interlocutory appeal; mandamus proper if trial court refuses to rule | Rubio: appellate remedy may be adequate; record did not show the mandamus prerequisites satisfied | Court: Relator did not meet the mandamus elements (properly filed/pending reasonable time/requested ruling/refusal to rule); mandamus denied |
Key Cases Cited
- In re Prudential Ins. Co. of Am., 148 S.W.3d 124 (Tex. 2004) (mandamus standards and adequacy of appellate remedies)
- In re Shredder Co., L.L.C., 225 S.W.3d 676 (Tex. App.—El Paso 2006) (mandamus may compel a trial court to rule on a motion pending a reasonable time)
- In re Hearn, 137 S.W.3d 681 (Tex. App.—San Antonio 2004) (elements required to obtain mandamus compelling a ruling)
- In re Chavez, 62 S.W.3d 225 (Tex. App.—Amarillo 2001) (mandamus relief to force trial-court ruling on pending motion)