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CITY OF ALAMO v. HOLTON

No. 13-96-064-CV.

934 S.W.2d 833 (1996)

The CITY OF ALAMO, Appellant, v. Leo HOLTON, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled December 19, 1996.

Attorney(s) appearing for the Case

Thomas Clayton Hollis, Brownsville, Gina Fantasia, Tipton & Gilbert, J. Preston Wrotenbery, Magenheim, Bateman, Robinson, Wrotenbery & Helfand, Houston, for Appellant.

Aaron Pena, Jr., Edinburg, for Appellee.

Before YANEZ, CHAVEZ and RODRIGUEZ, JJ.

OPINION

CHAVEZ, Justice.

The City of Alamo appeals from an interlocutory order denying its motion for summary judgment based on qualified immunity. Appellee contends that this court is without jurisdiction to consider the appeal because it never sued an individual, and only an individual could assert the defense of qualified immunity. Appellee further asserts that, even if we assume jurisdiction over this appeal...

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