in Re Town of Shady Shores
02-15-00356-CV
| Tex. App. | Aug 18, 2016Background
- Swanson, former Town of Shady Shores secretary, sued for wrongful termination involving the Texas Whistleblower Act and Sabine Pilot claims.
- The Town asserted governmental immunity and filed pleas to the jurisdiction; Swanson amended to add Open Meetings Act, due process, and free speech claims.
- The trial court granted the Town’s plea to the jurisdiction as to whistleblower and Sabine Pilot claims; Swanson did not appeal those rulings at that time.
- The Town sought interlocutory review under 51.014(a)(8) and Swanson sought permissive interlocutory relief; a broad stay was triggered by the appeal.
- Swanson later sought to appeal the denial of the plea to the jurisdiction; the court dismissed for lack of timely notice and lack of proper permission to appeal.
- The court ultimately denied Swanson’s interlocutory appeal and petition for permission to appeal, affirmed the stay pending the Town’s appeal, and dismissed the remaining issues for want of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the Town’s 51.014(a)(8) interlocutory appeal proper? | Swanson argues cross-appeal timing under Rule 26.1(d) makes it timely. | Town contends the appeal rests on the immunity ruling, properly within 51.014(a)(8). | Yes for the immunity ruling; but the interlocutory appeal filed by Swanson is dismissed for lack of jurisdiction. |
| Does the automatic stay under 51.014(b) require mandamus relief? | Town sought mandamus to enforce stay. | Swanson argues stay violated; trial court actions stayed. | Mandamus relief denied because no post-stay rulings by the trial court justify relief; stay remains in effect pending appeal. |
| Is Swanson's notice of appeal timely under Rule 26.1(d) as a cross-appeal? | Swanson relies on Rule 26.1(d) to timely file after Town’s notice. | Time limits for accelerated appeals apply strictly. | Untimely; Swanson’s notice of appeal dismissed for want of jurisdiction. |
| Was Swanson's petition for permission to appeal properly before the court? | Requests permission to appeal the September 30, 2015 order. | Swanson failed to obtain a written order granting permission and filed improperly. | Petition to appeal denied for lack of jurisdiction; Swanson failed to satisfy 51.014(d) requirements. |
Key Cases Cited
- Texas Dep’t of Criminal Justice v. Simons, 140 S.W.3d 338 (Tex. 2004) (defines scope of 51.014(a)(8) review and immunity focus)
- Ware v. Miller, 82 S.W.3d 795 (Tex. App.—Amarillo 2002) (supports appellate jurisdiction over immunity rulings)
- Montgomery Cty. v. Fuqua, 22 S.W.3d 662 (Tex. App.—Beaumont 2000) (illustrates limits of standing or jurisdiction challenges in 51.014 context)
- City of El Campo v. Rubio, 980 S.W.2d 943 (Tex. App.—Corpus Christi 1998) (exercising jurisdiction over parts of order denying immunity-based plea to jurisdiction)
- In re Tex. Educ. Agency, 441 S.W.3d 747 (Tex. App.—Austin 2014) (illustrates stay and coercive-relief considerations in 51.014 proceedings)
- University of the Incarnate Word, 469 S.W.3d 255 (Tex. App.—San Antonio 2015) (mandamus relief when stay is violated; enforcement duties of courts)
- Sw. Harris Cty. v. Sykes, 136 S.W.3d 635 (Tex. 2004) (addresses timing and finality of appeals from interlocutory rulings)
