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TEXAS DEPT. OF CRIMINAL JUSTICE v. DILLER

No. 12-02-00003-CV.

127 S.W.3d 7 (2002)

TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Appellant, v. Lorene DILLER, Individually, and as Personal Representative of Her Deceased Son, Michael Thomas Diller's Estate, Appellee.

Court of Appeals of Texas, Tyler.

November 27, 2002.

Attorney(s) appearing for the Case

Joseph D. Hughes, for appellant.

Frank P. Colosi, Casey & Colosi, Fort Worth, for appellee.

Panel consisted of GOHMERT, JR., C.J., WORTHEN, J., and GRIFFITH, J.

LOUIS B. GOHMERT, JR., Chief Justice.

The Texas Department of Criminal Justice ("TDCJ") appeals the denial of its plea to the jurisdiction. Lorene Diller, individually and as personal representative of the estate of her deceased son, Michael Thomas Diller, sued TDCJ pursuant to the Texas Tort Claims Act. In one issue, TDCJ asserts the trial court erred in determining it had waived sovereign immunity. We reverse and render.

BACKGROUND

Appellee...

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