SPLIT DECISION: PAID SICK LEAVE ORDINANCE, ABATEMENT OF APPEAL, 04-20-00004-CV, City of San Antonio

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In City of San Antonio v. Associated Builders & Contractors of South Texas, the court abated an appeal regarding an injunction of the City’s paid sick leave ordinance. Appellees filed a partially opposed motion to abate the appeal “on the ground that the Supreme Court of Texas is currently considering the same dispositive legal issues with a substantively identical ordinance to that at the center of the dispute underlying this appeal.”

Justice Martinez dissented, arguing abatement was not appropriate at this time because it was “purely speculative to assume that the supreme court will grant a petition for review in the appeal, let alone to assume that the supreme court will decide the case on any one of the numerous issues briefed in that appeal.” Justice Martinez “would carry the motion to abate with the case, so that the parties could brief their issues.”

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