Gonzales files appeal to Court of Appeals in J.B. Wells lawsuit

The City of Gonzales legal team filed a Notice of Interlocutory Appeal to the 13th Court of Appeals in Corpus Christi, Texas on March 23 in the matter of In Re Estate of J.B. Wells, Jr., deceased following the Gonzales County courts’ denial of two city motions on March 5 in Gonzales County.

In the March 5 decision, the county court denied the city’s claim that the Presbyterian Seminary lacked subject matter jurisdiction to bring a cause of action before the court, and also compelled the city to cooperate in discovery actions with the Presbyterian Seminary—which the city had declined to do because it asserted there was no jurisdiction and hence no discovery was allowable.

In its pleading before the 13th Court of Appeals in Corpus Christi, the city said it was appealing the March 5 ruling effective as of that date. The city asserts that the original petitioners in the case (the Presbyterian Seminary) failed to assert a proper factual basis to support its contention that individual respondents are in wrongful possession of the subject property, constituting trespass; failed to assert the facts that support the allegation that an inverse condemnation has occurred in this instance; and also failed to assert a claim for trespass to try title by seeking a declaratory judgement.

Furthermore, the city says the Court should take notice that this appeal automatically stays commencement of a trial and all other proceedings In the trial court pending resolution of the interlocutory appeal in the Thirteenth Court of Appeals, Corpus Christi.

This cancels a hearing that was supposed to be held in the commissioners court on April 4 in Gonzales County. The original date for that hearing was supposed to be April 23, but was moved up to April 4 by the judge.

Now that the interlocutory appeal has been filed, the need for hearing on the Presbyterian Seminary’s motion to compel is stayed until the court rules on whether it has agreed to hear the appeal.