El Paso Court of Appeals Orders Judge to Rule in PTJ
Plaintiff Filed a lawsuit against the Government Defendants, seeking damages as a result of negligence and gross negligence pursuant to the Workers’ Compensation Act, § 408.001, et seq. and the Wrongful Death Act, § 71.004, et seq. In addition to general damages, the Plaintiff requests punitive damages.
The Plea to the Jurisdiction, which was first heard on August 25, 2020, rescheduled for a second hearing on January 7, 2021, after the trial court requested additional briefing and argument. Before holding the second hearing, the trial court cancelled the hearing and since then has neither re-set the hearing, nor provided a ruling on the Plea to the Jurisdiction.
As a result, the defendant filed a writ of mandamus to the Court of Appeals asking that the Court order the Judge to rule. The Court of Appeals did order the Judge to rule.
While unusual, Judges will sometimes delay rulings in motions and this result has forced the Judge to act, and may be useful in similar situations in the future.
FOLIO
