STATE v. KREIDER

No. 2-00-226-CV.

44 S.W.3d 258 (2001)

The STATE of Texas, State, v. William James KREIDER, III, Appellee. Individually and as Next Friend for Elizabeth M. Kreider and Kathryn M. Kreider, Minors.

Court of Appeals of Texas, Fort Worth.

April 12, 2001.


Attorney(s) appearing for the Case

John Cornyn, Atty. Gen. of TX, Andy Taylor, 1st Atty. Gen., Linda S. Eads, Dep. Atty. Gen., Gregory S. Coleman, Sol. Gen., Grady Click, Jack F. Gilbert, Asst. Atty. Gens., Austin, for Appellant.

Timothy M. Fults, Dallas, for Appellee.

Panel B: LIVINGSTON, HOLMAN and GARDNER, JJ.


OPINION

GARDNER, Justice.

I. INTRODUCTION

In this interlocutory appeal, we must determine an issue of first impression, namely whether minors suing the State of Texas are excused from compliance with the six-month presuit notice requirement of section 101.101 of the Texas Tort Claims Act. Tex. Civ. Prac. & Rem.Code Ann. § 101.101 (Vernon 1997). We hold that they are not.

II. FACTUAL BACKGROUND

On December 28, 1999, Appellee...

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