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MARTINEZ v. MIKEL

No. 04-96-00979-CV.

960 S.W.2d 158 (1997)

Lino MARTINEZ, Individually and as a Trooper for the Texas Department of Public Safety, Appellant, v. Melody MIKEL, Individually and on behalf of her Minor Son, Kerry Scott McEntire, and Kerry Scott McEntire, Individually, Appellees.

Court of Appeals of Texas, San Antonio.

October 29, 1997.

Attorney(s) appearing for the Case

Richard D. Naylor, Asst. Atty. Gen., Law Enforcement Defense Division, Austin, for Appellant.

Gregory W. Canfield, Law Offices of Gregory W. Canfield, San Antonio, for Appellees.

Before HARDBERGER, C.J., and RICKHOFF and STONE, JJ.

OPINION

STONE, Justice.

This is an accelerated appeal of an interlocutory order denying a motion for summary judgment based on official immunity. For the following reasons, we affirm the trial court's order.

FACTUAL & PROCEDURAL BACKGROUND

On May 2, 1994, Texas Department of Public Safety Trooper Lino Martinez ("Martinez") was flagged down while on patrol by a pedestrian who informed him of a burglary in progress at a nearby residence...

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