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STATE v. ESTATE OF HORTON

No. 12-98-00313-CV.

4 S.W.3d 53 (1999)

The STATE of Texas, Texas Parks and Wildlife Department, Appellants, v. ESTATE OF Joel HORTON, Deceased, Carrington D. Horton, and Clarice Horton, as Next Friend of Joel L. Horton, a Minor, Appellees.

Court of Appeals of Texas, Tyler.

July 29, 1999.

Attorney(s) appearing for the Case

Jennifer L. Sochia, Austin, for appellant.

Shari K. Lamb, Addison, for appellee.

Panel consisted of RAMEY, Jr., C.J., HADDEN, J., and WORTHEN, J.

WORTHEN, Justice.

The Estate of Joel Horton, Sr. ("the Estate") brought a civil action against The Texas Parks and Wildlife Department ("Department") for compensation for damages that it sustained when Joel Horton, Sr. ("Horton") drowned while wading in the lake at Tyler State Park. The Department appeals the trial court's denial of its Motion to Dismiss for Lack of Jurisdiction based upon sovereign immunity. We will reverse and render judgment for the Department...

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