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WHEELAND v. CLAUDIO

No. 2-92-136-CV.

839 S.W.2d 171 (1992)

Philip WHEELAND, Individually, Appellant, v. Martha Delgado CLAUDIO, Individually, and on behalf of the Estate of Jesus Claudio, Jr., and as Next Friend of Claudia Elizabeth Claudio, Iris Guadalupe Claudio, Isaac Claudio, and Jesus Esteban Claudio, Minor Children, and Elizabeth De Los Santos and Jesus Claudio, Sr., Appellees.

Court of Appeals of Texas, Fort Worth.

October 21, 1992.

Attorney(s) appearing for the Case

Law Office, Tony Korioth, P.C., and Tony Korioth, Austin, for appellant.

Ball, Landrith & Kulesz, P.C., and David L. Lewallen, Arlington, for appellees.

Before FARRIS, MEYERS and DAY, JJ.

OPINION

FARRIS, Justice.

Appellant, Philip Wheeland, appeals an order denying him summary judgment which is ordinarily not appealable. See Hittner & Liberate, Summary Judgments in Texas, 20 ST. MARY'S L.J. 243, 279 (1988). However, Wheeland argues this case comes within an exception to the general rule because the motion was based upon his assertion of immunity as an employee of a state subdivision. See TEX. CIV.PRAC. 51.-014(5)...

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