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Henry L. Zumwalt and H.L. Zumwalt Construction, Inc. v. the City of San Antonio, Acting By and Through Its San

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ORDER

This interlocutory appeal challenges the trial court’s grant of a plea to the jurisdiction that dismissed Henry L. Zumwalt and H.L. Zumwalt Construction, Inc.’s third-party claims against the San Antonio Water System in the underlying suit. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (West 2008). Trial court proceedings were automatically stayed. See id. § 51.014(b).

Certain parties to the underlying litigation, the State of Texas, on behalf of the Texas Commission on Environmental Quality; Henry L. Zumwalt; H.L. Zumwalt Construction, Inc.; Oil Mop, L.L.C.; and Williams Fire and Hazard Control, Inc. filed an unopposed joint motion to lift the stay of trial court proceedings for the limited purpose of allowing the court to enter an agreed final judgment on a settlement between these parties and to sever them from the underlying suit. See Tex. R. App. P. 10.1(a), 29.5; Oryx Capital Int’l v. Sage Apartments, 167 S.W.3d 432, 438 (Tex. App.-San Antonio 2005, no pet.) (noting that party should have requested that appellate court lift its stay to allow party’s filing of non-suit in trial court).

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