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RYLANDER v. CALDWELL

No. 03-00-00063-CV.

23 S.W.3d 132 (2000)

Carole Keeton RYLANDER, Comptroller of Public Accounts for the State of Texas, Appellant, v. Marcie CALDWELL, Individually and on Behalf of all Others Similarly Situated, Appellee.

Court of Appeals of Texas, Austin.

May 31, 2000.

Attorney(s) appearing for the Case

Christopher S. Jackson, Asst. Atty. Gen., Taxation Division, Austin, for Appellant.

Joe K. Crews, Diane S. Jacobs, Ivy, Crews & Elliott, P.C., Austin, for Appellee.

Before Chief Justice ABOUSSIE, Justices KIDD and B.A. SMITH.

BEA ANN SMITH, Justice.

Appellee Marcie Caldwell sued the Comptroller seeking a declaration that section 51.702(b) of the Texas Government Code is unconstitutional. The Comptroller filed a plea to the jurisdiction, which the trial court denied. The Comptroller now appeals the trial court's interlocutory order,1 alleging that the court erred because appellee's suit is barred by sovereign immunity or the trial court otherwise lacked subject...

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