LA JOYA INDEPENDENT SCHOOL DISTRICT v. GONZALEZ

No. 13-16-00426-CV.

LA JOYA INDEPENDENT SCHOOL DISTRICT, Appellant, v. TANYA GONZALEZ, INDIVIDUALLY AND A/N/F of J.R.U., DECEASED MINOR, Appellee.

Court of Appeals of Texas, Thirteenth District, Corpus Christi, Edinburg.


Attorney(s) appearing for the Case

Paul Higdon , for Tanya Gonzalez, Individually and A/N/F of J.R.U., Deceased, Minor, Appellee.

Roman D. Esparza , Eduardo G. Garza , for La Joya Independent School District, Appellant.

Before Justices Rodriguez, Contreras, and Benavides.


ORDER

PER CURIAM.

This is an appeal from the trial court's denial of a plea to the jurisdiction filed by appellant, La Joya Independent School District (the District). Appellee Tanya Gonzalez, individually and as next friend of J.R.U., a deceased minor, sued the District after an accident that resulted in J.R.U.'s death. By three issues, the District contends the trial court erred in denying its plea to the jurisdiction because: (1) it did not receive notice as required by the Texas Tort Claims Act (TTCA or the Act), see TEX. CIV. PRAC. & REM. CODE ANN. § 101.101(a), (c) (West, Westlaw through Ch. 49, 2017 R.S.); (2) there was no operation or use of a motor vehicle and therefore no waiver of immunity under the Act; and (3) there was no causal nexus between any alleged operation or use of a motor vehicle and J.R.U.'s death.

After reviewing the record and the briefs, the Court ABATES and REMANDS this case to the trial court for supplementation of the appellate record. See generally TEX. R. APP. P. 34.6(d). Specifically, the District introduced a DVD into evidence at the hearing on the plea to the jurisdiction, and the trial court expressed its intent to observe that videotape prior to ruling on the plea to the jurisdiction. The videotape at issue contains conversations in Spanish, and the record before this Court fails to include a translation of that videotape.

In order to complete the appellate record, we abate and remand this matter for the trial court to hold a hearing and undertake any matters necessary to cause that videotape to be transcribed and translated. The transcribed translation, and any other matters deemed necessary, shall be included in a supplemental record and filed with this Court within thirty days of the date of this order.

The appellant may file supplemental briefing, if desired, with regard to the transcribed translation and the supplemental record within ten days after the supplemental record is filed, and the appellee may file supplemental briefing regarding the same ten days thereafter. See TEX. R. APP. P. 38.7 (providing that "a brief may be amended or supplemented whenever justice requires, on whatever reasonable terms the court may prescribe"). In this regard, the parties may wish to address Brown v. Corpus Christi Reg'l Transp. Auth., No. 13-15-00188-CV, 2017 WL 2806775, at **1-7 (Tex. App.-Corpus Christi June 1, 2017, no pet. h.) (mem. op.), which was handed down after the original briefs in this matter were filed.


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