In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-13-00562-CV
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MARCELINO RODRIGUEZ, DONNA JEAN FORGAS AND LINDA
MARIE WILTZ GILMORE, Appellants
V.
BEAUMONT INDEPENDENT SCHOOL DISTRICT, WOODROW REECE,
TERRY D. WILLIAMS, JANICE BRASSARD, GWEN AMBRES AND
ZENOBIA RANDALL BUSH IN THEIR RESPECTIVE OFFICIAL
CAPACITY AS TRUSTEES OF DEFENDANT BEAUMONT
INDEPENDENT SCHOOL DISTRICT, Appellees
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On Appeal from the 172nd District Court
Jefferson County, Texas
Trial Cause No. E-194,295
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ORDER
On December 9, 2013, the trial court denied the plea to the jurisdiction and
special exceptions of Marcelino Rodriguez, Donna Jean Forgas and Linda Marie
Wiltz Gilmore to the counterclaim filed by Beaumont Independent School District,
Woodrow Reece, Terry D. Williams, Janice Brassard, Gwen Ambres and Zenobia
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Randall Bush in their Respective Official Capacity as Trustees of Defendant
Beaumont Independent School District. The trial court granted permission to
appeal. See Tex. R. App. P. 28.3. The parties dispute whether the trial court has
ruled on a controlling issue of law in the case that an immediate appeal of the order
would materially advance the ultimate termination of the litigation. See Tex. Civ.
Prac. & Rem. Code Ann. § 51.014 (d) (West Supp. 2013).
After reviewing the petition requesting permission to appeal and the
response to the petition, we deny the petition for permission to appeal. The appeal
will be dismissed on January 23, 2014.
ORDER ENTERED January 9, 2014.
PER CURIAM
Before McKeithen, C.J., Kreger and Horton, JJ.
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