Form 19A:2 Objection to Jurisdiction

{STYLE OF THE CASE IN THE SUPREME COURT - FORM 11C:3}

APPELLEE'S OBJECTION TO

APPELLANT'S STATEMENT OF JURISDICTION

Appellee objects to appellant's statement of jurisdiction.

A. Introduction

1. Appellant is {name}; appellee is {name}.

2. Appellee asks the Court to deny appellant's application for direct appeal from the trial court.

B. Objection to Jurisdiction

3. The only issue the Court should determine is whether its jurisdiction has been properly invoked. See Edgewood Indep. Sch. Dist. v. Kirby, 804 S.W.2d 491, 493 n.4 (Tex. 1991).

{CHOOSE APPROPRIATE PARAGRAPHS 4-10}

4. The Court does not have jurisdiction over this direct appeal because the injunctive relief {granted/denied} in this case is not directly related to the trial court's ruling on the constitutionality of the statute. See Texas Workers' Comp. Comm'n v. Garcia, 817 S.W.2d 60, 61 (Tex. 1991). {Elaborate.}

5. The Court does not have jurisdiction over this direct appeal because the trial court granted an injunction but did not rule on the constitutionality of the statute. Mitchell v. Purolator Sec., Inc., 515 S.W.2d 101, 104 (Tex. 1974); see Tex. Const. art. 5, §3-b; Tex. Gov't Code §22.001(c). {Elaborate.}

6. The Court does not have jurisdiction over this direct appeal because the trial court ruled on the constitutionality of the statute but did not grant or deny injunctive relief. SeeTex. Const. art. 5, §3-b; Tex. Gov't Code §22.001(c); Texas Workers' Comp. Comm'n v. Garcia, 817 S.W.2d 60, 61 (Tex. 1991). {Elaborate.}

7. The Court does not have jurisdiction over this direct appeal because this appeal involves a contested question of fact. Specifically, {identify fact question}. The Court should not accept on direct appeal a case in which there are disputed fact issues. Tex. R. App. P. 57.2; seeState v. Hodges, 92 S.W.3d 489, 493 (Tex. 2002); O'Quinn v. State Bar, 763 S.W.2d 397, 399 (Tex. 1988).

8. The Court should decline to exercise jurisdiction over this direct appeal because the Court's decision in this case will be a mere advisory opinion and will not resolve the merits of the controversy. See Tex. R. App. P. 57.2; General Land Office v. Oxy U.S.A., Inc., 789 S.W.2d 569, 570 (Tex. 1990). {Elaborate.}

9. The Court should decline to exercise jurisdiction over this direct appeal because this case is not of such importance to the jurisprudence of the state that a direct appeal should be allowed. Tex. R. App. P. 57.2. {Elaborate.}

10. The Court should decline to exercise jurisdiction in this case because the record is not adequately developed. See Tex. R. App. P. 57.2. {State how the record is inadequate for review by direct appeal.}

C. Prayer

11. For these reasons, appellee asks the Court to deny jurisdiction over this direct appeal.