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CITY OF HOUSTON v. RUSHING

No. 01-98-00770-CV.

39 S.W.3d 685 (2001)

The CITY OF HOUSTON, Appellant, v. Brenda Kaye RUSHING and Patricia Richardson, Individually and as Personal Representative of the Estate of Michael David Richardson, Deceased, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled March 15, 2001.

Attorney(s) appearing for the Case

Andrea Chan, Houston, for Appellant.

Ross A. Sears, Jimmy G. Williamson, Houston, for Appellee.

Original panel consisted of Chief Justice SCHNEIDER and Justices WILSON and ANDELL.

DISSENTING OPINION TO THE EN BANC OPINION

WILSON, Justice.

I withdraw my dissenting opinion of February 1, 2001, and issue this dissenting opinion in its stead.

The majority determines the trial court had no jurisdiction to hear the lawsuit of Brenda Kaye Rushing and Patricia Richardson based on its consideration of the City of Houston's plea to the jurisdiction. Although the Texas Tort Claims Act waives the City's immunity from suit for personal...

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