                                     In The

                              Court of Appeals
                   Ninth District of Texas at Beaumont
                          ____________________
                             NO. 09-13-00562-CV
                          ____________________

   MARCELINO RODRIGUEZ, DONNA JEAN FORGAS AND LINDA
            MARIE WILTZ GILMORE, Appellants

                                       V.

BEAUMONT INDEPENDENT SCHOOL DISTRICT, WOODROW REECE,
  TERRY D. WILLIAMS, JANICE BRASSARD, GWEN AMBRES AND
   ZENOBIA RANDALL BUSH IN THEIR RESPECTIVE OFFICIAL
     CAPACITY AS TRUSTEES OF DEFENDANT BEAUMONT
          INDEPENDENT SCHOOL DISTRICT, Appellees
_______________________________________________________          ______________

                   On Appeal from the 172nd District Court
                          Jefferson County, Texas
                         Trial Cause No. E-194,295
________________________________________________________          _____________

                                    ORDER

      On December 9, 2013, the trial court denied the plea to the jurisdiction and

special exceptions of Marcelino Rodriguez, Donna Jean Forgas and Linda Marie

Wiltz Gilmore to the counterclaim filed by Beaumont Independent School District,

Woodrow Reece, Terry D. Williams, Janice Brassard, Gwen Ambres and Zenobia


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Randall Bush in their Respective Official Capacity as Trustees of Defendant

Beaumont Independent School District. The trial court granted permission to

appeal. See Tex. R. App. P. 28.3. The parties dispute whether the trial court has

ruled on a controlling issue of law in the case that an immediate appeal of the order

would materially advance the ultimate termination of the litigation. See Tex. Civ.

Prac. & Rem. Code Ann. § 51.014 (d) (West Supp. 2013).

      After reviewing the petition requesting permission to appeal and the

response to the petition, we deny the petition for permission to appeal. The appeal

will be dismissed on January 23, 2014.

      ORDER ENTERED January 9, 2014.

                                                    PER CURIAM

Before McKeithen, C.J., Kreger and Horton, JJ.




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