in Re City of Beaumont, Texas ( 2014 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-14-00498-CV
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IN RE CITY OF BEAUMONT, TEXAS
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Original Proceeding
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MEMORANDUM OPINION
The City of Beaumont, Texas seeks a writ of mandamus compelling the trial
court to rule on a plea to the jurisdiction before trial on the merits. Generally, a
trial court deciding a plea to the jurisdiction has discretion to decide “whether the
jurisdictional determination should be made at a preliminary hearing or await a
fuller development of the case, mindful that this determination must be made as
soon as practicable.” Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217,
227 (Tex. 2004); see also Bland Indep. School Dist. v. Blue, 34 S.W.3d 547, 554
(Tex. 2000).
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After reviewing the records and after considering the arguments presented
by relator and by the real party in interest, Justin Jackson, we conclude that the trial
court acted within its discretion in deciding to allow further development of the
facts of the case before ruling on the plea to the jurisdiction. Accordingly, we deny
the petition for writ of mandamus.
PETITION DENIED.
PER CURIAM
Submitted on November 26, 2014
Opinion Delivered December 18, 2014
Before McKeithen, C.J., Kreger and Horton, JJ.
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