Kathleen Miller, Travis Richardson, and Ronnie Richardson v. City of Mont Belvieu, Texas

Summary

The Texas Court of Appeals dismissed an interlocutory appeal for want of jurisdiction because the plea to the jurisdiction had been filed by the property owners rather than a governmental unit. The court also declined to construe the appellants’ brief as a petition for writ of mandamus in a condemnation proceeding involving undivided property interests.

Holdings

1. The Court of Appeals lacked jurisdiction under Texas Civil Practice and Remedies Code section 51.014(a)(8) because the plea to the jurisdiction was filed by the property owners, not by a governmental unit.
2. The court declined to construe the property owners' appellate brief as a petition for writ of mandamus.

Questions Presented

1. Whether the Court of Appeals had jurisdiction over an interlocutory appeal from the denial of a plea to the jurisdiction filed by private property owners rather than a governmental unit under Texas Civil Practice and Remedies Code section 51.014(a)(8).
2. Whether the court should construe the property owners' appellate brief as a petition for writ of mandamus.

Disposition

dismissed