City of San Antonio v. Hartman

This interlocutory appeal presents two jurisdictional questions. First, we have jurisdiction of the appeal only if a motion for rehearing en banc qualifies as a “motion for rehearing” that extends the deadline for a petition for review. Second, the trial court has no jurisdiction of the case if a 100-year flood is an “emergency situation” to which government immunity applies. Answering both questions in the affirmative, we reverse the court of appeals’ judgment and render judgment dismissing the case.

I

On October 17, 1998, the City of San Antonio was visited by a rainstorm of historic…