GROSS v. INNES

No. 05-96-00019-CV.

930 S.W.2d 237 (1996)

Dennis GROSS and Sam Moore, Appellants, v. Priscilla INNES, Individually, as Representative of the Estate of George James Innes, Jr., Deceased, and as Next Friend of Laura Ann Innes and Katlin Amber Innes, Minors; and Ruth Innes, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Overruled October 11, 1996.


Attorney(s) appearing for the Case

Joe C. Tooley, Carla S. Neal, McCauley, MacDonald, Love & Devin, P.C., Dallas, for Appellants.

James E. Girards, Tracy & Girards, Stephen Jay Gugenheim, Rubin & Gugenheim, P.C., Dallas, for Appellees.

Before LAGARDE, KINKEADE and MORRIS, JJ.


OPINION

KINKEADE, Justice.

This is an interlocutory appeal of an order denying Dennis Gross and Sam Moore's motion for summary judgment that was based, in part, on official immunity. Because the summary judgment evidence did not show that Gross and Moore acted with governmental discretion or that governmental factors colored their discretion, we affirm the trial court's order denying summary judgment.

BACKGROUND

Dennis Gross and Sam Moore...

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