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MOGAYZEL v. TEXAS DEPT. OF TRANSP.

No. 2-00-409-CV.

66 S.W.3d 459 (2001)

Kathy MOGAYZEL, Individually and on Behalf of the Estate of Zachary Mogayzel, Deceased, Karen Roop, Individually and on Behalf of the Estate of Nancy Elizabeth Mogayzel, Deceased, and Christi Callender, Individually and as Next Friend of Matthew Callender and Adam Callender, Appellants, v. TEXAS DEPARTMENT OF TRANSPORTATION and The State of Texas, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled February 28, 2002.

Attorney(s) appearing for the Case

Pierson & Behr, Bart Behr, Arlington, The Law Offices of Eloy Sepulveda, Eric Ivan Bruntmyer, Fort Worth, for Appellant.

John Cornyn, Atty. Gen. of Texas, Howard G. Baldwin, Jr., First Asst. Atty. Gen., Jeffrey S. Boyd, Deputy Atty. Gen. for Litigation, Julie Parsley, Solicitor Gen., Grady Click, Asst. Atty. Gen. and Chief of the Transp. Div., Jack F. Gilbert, Asst. Atty. Gen., for Appellee.

Panel B: DAY, HOLMAN, and GARDNER, JJ.

OPINION

DIXON W. HOLMAN, Justice.

Appellants Kathy Mogayzel, Karen Roop, and Christi Callender appeal from the trial court's decision to grant a motion to dismiss their case for lack of jurisdiction. In their sole point, Appellants argue that the trial court erred in granting the motion to dismiss on grounds that Appellants' claims are barred by the sovereign immunity of the State and the Texas Department of Transportation ("TxDOT"). We affirm.

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