Bastrop County v. Samples

OPINION

DAVID PURYEAR, Justice.

Bastrop County, Texas, appellant and relator in these proceedings, has filed a motion for rehearing. We withdraw our opinion and judgment of March 20, 2009, and substitute this opinion. We overrule Bastrop County’s motion for rehearing.

Bastrop County filed an interlocutory appeal, see Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (West 2008), and petition for writ of mandamus, see Tex. R. App. P. 52.3, complaining of the trial court’s refusal to rule on the County’s plea to the jurisdiction and abatement of the underlying proceeding to allow appellee and real…