Texas Cordia Construction, LLC v. Deanira Cantu, Pablo Rubalcaba, Domingo Pena, Jr., Janet Pena, Monica Cavazos, Juanita 'Janie' and Roman Rodriguez, Felicitas Garza and Jose Garza, Norma Suarez, Cassandra Ayala, Gerardita Gariza, Benito Huerta, Magdalena Rodriguez, Evangelina and Rogelio Melchor, Lidia Hernandez, Alfredo and Esperanza Salinas and Juan Lopez
CourtTexas Court of Appeals, 13th District
Date FiledJune 4, 2026
Docket13-25-00218-CV
StatusPublished
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Full Opinion
NUMBER 13-25-00218-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
TEXAS CORDIA CONSTRUCTION,
LLC, Appellant,
v.
DEANIRA CANTU, PABLO
RUBALCABA, DOMINGO PENA
JR., JANET PENA, MONICA
CAVAZOS, JUANITA “JANIE”
AND ROMAN RODRIGUEZ,
FELICITAS AND JOSE GARZA,
NORMA SUAREZ, CASSANDRA
AYALA, GERARDITA GARZA,
BENITO HUERTA, MAGDALENA
RODRIGUEZ, EVAGELINA AND
ROGELIO MELCHOR, LIDIA
HERNANDEZ, ALFREDO AND
ESPERANZA SALINAS, AND
JUAN LOPEZ, Appellees.
ON APPEAL FROM THE 206TH DISTRICT COURT
OF HIDALGO COUNTY, TEXAS
MEMORANDUM OPINION
Before Justices Silva, Cron, and Fonseca
Memorandum Opinion by Justice Silva
Appellant Texas Cordia Construction, LLC (TCC) attempts to appeal the trial
court’s order denying its plea to the jurisdiction seeking to dismiss claims made by
appellees Deanira Cantu, Pablo Rubalcaba, Domingo Pena Jr., Janet Pena, Monica
Cavazos, Juanita “Janie” and Roman Rodriguez, Felicitas and Jose Garza, Norma
Suarez, Cassandra Ayala, Gerardita Garza, Benito Huerta, Magdalena Rodriguez,
Evangelina and Rogelio Melchor, Lidia Hernandez, Alfredo and Esperanza Salinas, and
Juan Lopez. In one issue, TCC argues that the trial court erred when it denied its plea to
the jurisdiction because TCC enjoys “derivative sovereign immunity.” We dismiss the
appeal for lack of jurisdiction.
I. BACKGROUND
On November 7, 2024, appellees filed their amended original petition against TCC
and Melden & Hunt, Inc. 1 Appellees identified themselves as residents of the Lull
subdivision in Edinburg and TCC as the general contractor that performed work for the
City of Edinburg’s (the City) “Lull Street Improvement Project, #2021-24” (the Project). 2
According to appellees, the Project included paving improvements and reconstruction of
existing streets, plus curb and gutter installation on specific streets within the Lull
1 Melden & Hunt, Inc. is not a party to this appeal.
2 The amended petition identified Melden & Hunt, Inc. as “the business that contracted with the
City or others to perform design and other work in connection with the Project.”
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subdivision. TCC’s work on the Project also included “site grading, excavating subgrade,
installation of utilities and storm drainage systems, street paving, curbing and other
improvements.” The appellees pleaded that TCC “performed its work on the Project
without any regard for [appellees] or for its agreement with the City.” Appellees claimed,
among other things, that they sustained damages to their persons, homes, vehicles, and
other property as a result of TCC’s activities in attempting to complete the Project. 3
Appellees asserted negligence, gross negligence, breach of contract, subrogation,
nuisance, and breach of warranty claims. Appellees requested, among other things,
declaratory relief, actual damages, exemplary damages, pre- and post-judgment interest,
court costs, and attorney’s fees.
On February 3, 2025, TCC filed a plea to the jurisdiction asserting that appellees’
claims against it should be dismissed because TCC was immune from suit under
“derivative sovereign immunity.” TCC asserted in its plea that appellees had sued it, “a
government contractor, for actions that were directed and required by the City.” In
particular, TCC contended that the contract governing its work on the Project “expressly
required [TCC] to demolish the streets, remove mailboxes, and other actions of which
[appellees] now complain.” As part of its plea, TCC attached several documents, including
a copy of the construction contract between the City and TCC concerning the Project with
numerous accompanying documents including the “Standard General Conditions of the
Construction Contract”; emails between TCC and the City; an affidavit authored by Yara
3 Appellees pleaded that TCC quit working on the Project before its completion and that the City
entered into an “emergency agreement” with IOC Company, LLC and Artillery, LLC to complete or re-do a
substantial amount of work that TCC “was supposed to have performed timely and properly.”
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M. Corbitt, TCC’s chief executive officer; and the City’s October 5, 2022 notice of contract
termination sent to Corbitt.
The following day, TCC filed its original answer generally denying appellees’
claims and asserting several affirmative defenses. On February 20, 2025, appellees filed
a response to TCC’s plea to the jurisdiction. In its response, appellees argued that
Although the contract required [TCC] to demolish the streets, remove
mailboxes, and other actions, the City did not instruct it to conduct itself with
unreasonable delay in the execution of those duties, nor did it require [TCC]
to carry out those tasks negligently, recklessly, and with conscious
disregard to the Lull community’s expectation of reasonable enjoyment of
their property. [TCC] conflates the fact that it was assigned duties with the
fact that it carelessly delivered same. In other words, the City did not ask
[TCC] to demolish the streets in such a manner that it would unreasonably
interfere with the [Lull] community’s quiet enjoyment of its property. [TCC]
attempts to escape liability by insisting that the City commanded it to act in
a certain manner when all it did was tell it what to do—not how to do it. And,
for that, [TCC] is exclusively liable.
In addition, appellees attached to their response a copy of the “Project Manual for the Lull
Street Improvement Project.” This manual included a “Scope of Work” section which
stated:
This Scope of Work and any accompanying drawings are intended as a
guide to the Contractor in identifying the work to be accomplished in
completing this project. This Scope of Work may not be all inclusive and the
Contractor shall be responsible for providing all supervision, labor,
materials, equipment, direction, and coordination necessary to perform and
totally complete the work in conformance with the drawings and
specifications. If an “or equal” substitution is made for any of the
recommended items shown in the specifications or drawings, the Contractor
shall be responsible for providing all the necessary physical modifications
to fully accommodate the substitution at no change in contract price.
The manual also provided that “the Work sequence will be the responsibility of the
Contractor using good construction practices” and that the Contractor for the project was
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responsible for monitoring “quality control over suppliers, manufacturers, products,
services, site conditions, and workmanship, to produce Work of specified quality.”
On April 1, 2025, the trial court signed its order denying TCC’s plea to the
jurisdiction. On April 21, 2025, TCC filed its notice of interlocutory appeal pursuant to
Section 51.014(a)(8) of the Texas Civil Practice and Remedies Code. See TEX. CIV. PRAC.
& REM. CODE § 51.014(a)(8).
II. APPELLATE JURISDICTION
Appellees argue that we lack jurisdiction over this interlocutory appeal because
TCC is not a governmental unit. TCC responded to the appellees’ assertion in its reply
brief, as detailed below. On April 27, 2026, the Clerk of the Court notified TCC that upon
further review of the documents before the Court, it appeared we lacked jurisdiction over
the appeal. The Clerk also notified TCC that the appeal would be dismissed for want of
jurisdiction if the defect was not cured within ten days from the date of the Court’s
directive. See TEX. R. APP. P. 42.3(a), (c). TCC timely filed a response reiterating the
same arguments it made in its reply brief.
Generally, appellate courts have jurisdiction only over appeals from final
judgments unless a statute authorizes an interlocutory appeal. CMH Homes v. Perez, 340
S.W.3d 444, 447 (Tex. 2011); see also Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205
(Tex. 2001) (“[W]hen there has not been a conventional trial on the merits, an order or
judgment is not final for purposes of appeal unless it actually disposes of every pending
claim and party or unless it clearly and unequivocally states that it finally disposes of all
claims and all parties.”). Section 51.014(a)(8) of the Texas Civil Practice and Remedies
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Code provides that “[a] person may appeal from an interlocutory order of a district
court . . . that . . . grants or denies a plea to the jurisdiction by a governmental unit as that
term is defined in Section 101.001.” TEX. CIV. PRAC. & REM. CODE § 51.014(a)(8). Section
101.001 defines governmental unit as:
(A) this state and all the several agencies of government that collectively
constitute the government of this state, including other agencies
bearing different designations, and all departments, bureaus,
boards, commissions, offices, agencies, councils, and courts;
(B) a political subdivision of this state, including any city, county, school
district, junior college district, levee improvement district, drainage
district, irrigation district, water improvement district, water control
and improvement district, water control and preservation district,
freshwater supply district, navigation district, conservation and
reclamation district, soil conservation district, communication district,
public health district, and river authority;
(C) an emergency service organization; and
(D) any other institution, agency, or organ of government the status and
authority of which are derived from the Constitution of Texas or from
laws passed by the legislature under the constitution.
Id. § 101.001(3).
In this case, TCC is attempting to appeal the trial court’s order denying its plea to
the jurisdiction. The order is not final because it does not dispose of every pending claim
or party in the case, nor does it state that it finally disposes of every pending claim and
party in the case. See Lehmann, 39 S.W.3d at 205. Accordingly, we must determine
whether we have jurisdiction over this case as an interlocutory appeal. See CMH Homes,
340 S.W.3d at 447–48.
In its reply brief, TCC argued that it “did not need to prove that it is a ‘governmental
unit,’” that “[s]uch a requirement would defeat the ‘derivative’ nature of the doctrine[ of
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sovereign immunity] TCC did invoke,” and that “[d]enying immediate appellate review,
when TCC was acting, in effect, as the City, is imprudent, because, again, there is no
argument that the City is not a governmental unit.” We disagree. The Texas Supreme
Court has held that “whether an entity is entitled to an interlocutory appeal and whether
an entity has sovereign immunity are separate questions with separate analytical
frameworks.” Univ. of the Incarnate Word v. Redus, 518 S.W.3d 905, 911 (Tex. 2017);
see also Rosenberg Dev. Corp. v. Imperial Performing Arts, Inc., 571 S.W.3d 738, 741
(Tex. 2019) (“As an extension of sovereign immunity, governmental immunity protects
political subdivisions performing governmental functions as the state’s agent”). Whether
the City—a non-party to this appeal—is a governmental unit is not determinative whether
we have jurisdiction over TCC’s interlocutory appeal. See id.; TEX. CIV. PRAC. & REM.
CODE § 51.014(a)(8). Rather, we must assess whether TCC itself is a governmental unit
as the party attempting to invoke our interlocutory jurisdiction pursuant to Section
51.014(a)(8). See TEX. CIV. PRAC. & REM. CODE § 51.014(a)(8).
Based on the appellate record before us, we conclude that TCC is not a
governmental unit as defined by Section 101.001 and our interlocutory jurisdiction is not
properly invoked. See id. § 101.001(3); see also ASM Global, LLC v. Weaver, 705 S.W.3d
355, 361–62 (Tex. App.—El Paso 2024, no pet.) (holding contractor that operated a city-
owned water park was not a governmental unit under Section 101.001(3), and therefore,
not entitled to interlocutory review under Section 51.014(a)(8)); Orion Real Estate v.
Sarro, 559 S.W.3d 599, 603 (Tex. App.—San Antonio 2018, no pet.) (same for private
company hired as an independent contractor to manage apartments developed by
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housing authority); 152 Lakewest Cmty., LP v. Ameristar Apartment Servs., L.P., No. 05-
20-00483-CV, 2021 WL 5710553, at *3 (Tex. App.—Dallas Dec. 2, 2021, no pet.) (mem.
op.) (same for private company hired to carry out housing authority’s functions); AECOM
USA, Inc. v. Mata, No. 04-15-00773-CV, 2016 WL 5112222, at *2, *4 (Tex. App.—San
Antonio Sept. 21, 2016, pet. denied) (mem. op.) (same for private contractor hired by a
state agency). Therefore, we lack jurisdiction to consider TCC’s interlocutory appeal
under Section 51.014(a)(8). See TEX. CIV. PRAC. & REM. CODE § 51.014(a)(8).
III. REQUEST FOR MANDAMUS RELIEF
For the first time in its reply brief, TCC requested we treat its appeal as a petition
for writ of mandamus in the event this Court lacked jurisdiction to review its interlocutory
appeal. Under certain circumstances, a court may treat an appeal as a petition for a writ
of mandamus. See CMH Homes v. Perez, 340 S.W.3d 444, 452–54 (Tex. 2011). This
promotes judicial economy because requiring the appellant to file a separate petition for
writ of mandamus would “unnecessarily waste the parties’ time and further judicial
resources.” Id. at 453; see Icon Benefit Adm’rs II, L.P. v. Mullin, 405 S.W.3d 257, 263
(Tex. App.—Dallas 2013, orig. proceeding [mand. denied]). “In order to obtain mandamus
review in such a situation, the appellant must specifically request that its appeal be treated
as a mandamus petition.” 21st Century Centennial Ins. Co. v. Ramirez, 675 S.W.3d 356,
362 (Tex. App.—Corpus Christi–Edinburg 2023, no pet.) (combined app. & orig.
proceeding [mand. denied]). After fully reviewing the appeal, TCC’s express request to
treat its appeal as a petition for writ of mandamus, and the appellees’ responsive brief,
we conclude that the interests of justice and judicial economy militate in favor of granting
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TCC’s request. See CMH Homes, 340 S.W.3d at 452–54; Ramirez, 675 S.W.3d at 362.
Accordingly, we grant TCC’s request to treat its appeal as a petition for writ of mandamus.
“Mandamus will lie only to correct a clear abuse of discretion.” In re Salazar, 142
S.W.3d 412, 413 (Tex. App.—El Paso 2004, no pet.) (citing Walker v. Packer, 827 S.W.2d
833, 840 (Tex. 1992) (orig. proceeding)). “Moreover, there must be no other adequate
remedy at law.” Id.
A plea to the jurisdiction is a dilatory plea that challenges the trial court’s subject
matter jurisdiction. Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 554 (Tex. 2000).
“[S]overeign immunity deprives a trial court of subject matter jurisdiction for lawsuits in
which the state or certain governmental units have been sued[,] unless the state consents
to suit.” Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 224 (Tex. 2004). If,
as in this case, a plea to the jurisdiction challenges the existence of jurisdictional facts,
we consider relevant evidence submitted by the parties that is necessary to resolve the
jurisdictional issues. Id. at 227. We take as true all evidence favorable to the nonmovant,
and we indulge every reasonable inference and resolve any doubts in the nonmovant’s
favor. Wise Reg’l Health Sys. v. Brittain, 268 S.W.3d 799, 805 (Tex. App.—Fort Worth
2008, no pet.) (citing Miranda, 133 S.W.3d at 228). If the evidence creates a fact question
regarding jurisdiction, the trial court must deny the plea to the jurisdiction and leave its
resolution to the factfinder. Miranda, 133 S.W.3d at 227–28.
TCC argues that the trial court erred in denying its plea to the jurisdiction because
it enjoys derivative sovereign immunity. The Texas Supreme Court has not adopted the
derivative-immunity doctrine or standards to use when determining the scope of that
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doctrine. Nettles v. GTECH Corp., 606 S.W.3d 726, 733 (Tex. 2020). The circumstances
under which derivate immunity exists are “ill-defined,” but the Court has held that “the
absence of any governmental control over a private contractor’s work affirmatively
precludes it.” Rosenberg Dev. Corp., 571 S.W.3d at 751–52 (citing Brown & Gay Eng’g
v. Olivares, 461 S.W.3d 117, 126 (Tex. 2015)); see also Nettles, 606 S.W.3d at 733–37
(declining to adopt derivate immunity doctrine but noting that even if doctrine was
recognized, private contractor would not be entitled to it because contractor retained
discretion and governmental unit did not control contractor’s work). In this case, the
parties presented conflicting evidence on this point. In particular, we note that the contract
document that TCC attached to its plea to the jurisdiction included a section entitled
“Standard General Conditions of the Construction Contract.” That section included the
following provisions:
7.01 Contractor’s Means and Methods of Construction
A. [TCC] shall be solely responsible for the means, methods,
techniques, sequences, and procedures of construction.
...
7.02 Supervision and Superintendence
A. [TCC] shall supervise, [i]nspect, and direct the [w]ork
competently and efficiently, devoting such attention thereto
and applying such skill and expertise as may be necessary to
perform the [w]ork in accordance. with the [c]ontract
[d]ocuments.
...
7.04 Services, Materials, and Equipment
A. Unless otherwise specified in the [c]ontract [d]ocuments,
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Contractor shall provide and assume full responsibility for all
services, materials, equipment, labor, transportation,
construction equipment and machinery, tools, appliances,
fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals
necessary for the performance, testing, start up, and
completion of the [w]ork, whether or not such items are
specifically called for in the Contract Documents.
(emphasis in original). We conclude the above provisions, at the very least, raise a fact
question concerning the absence of the City’s control over TCC’s work on the Project.
See Rosenberg Dev. Corp., 571 S.W.3d at 751–52. Therefore, the trial court did not err
in denying TCC’s plea to the jurisdiction. See Miranda, 133 S.W.3d at 227–28; In re
Salazar, 142 S.W.3d at 413; see also Midwestern Cattle Mktg., LLC v. Nw. Cattle
Feeders, LLC, No. 02-17-00274-CV, 2018 WL 1414834, at *6 (Tex. App.—Fort Worth
Mar. 22, 2018, pet. denied) (mem. op.) (rejecting the appellant’s alternative request for
mandamus relief brought for the first time in its reply brief, but also concluding the
appellant was not entitled to such relief when the trial court’s complained-of decision was
based on conflicting evidence). Accordingly, TCC is not entitled to mandamus relief.
IV. CONCLUSION
Having determined that TCC’s appeal of the trial court’s denial of its plea to the
jurisdiction is not subject to an interlocutory appeal, we dismiss this appeal for lack of
jurisdiction. See TEX. R. APP. P. 42.3(a). However, we have determined that TCC’s appeal
should be treated as a petition for writ of mandamus. The Court, having examined and
fully considered the petition for writ of mandamus, the appellees’ response, the record,
and the applicable law, is of the opinion that TCC has not met its burden to obtain
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mandamus relief as discussed herein. Accordingly, we deny the petition for writ of
mandamus.
CLARISSA SILVA
Justice
Delivered and filed on the
4th day of June, 2026.
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