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TEXAS DEPT. OF CRIMINAL JUSTICE v. SIMONS

No. 09-01-551 CV.

74 S.W.3d 138 (2002)

TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Appellant, v. Brian Edward SIMONS, Appellee.

Court of Appeals of Texas, Beaumont.

Decided April 11, 2002.

Attorney(s) appearing for the Case

John Cornyn, Atty. Gen., Susan M. Stith, Asst. Atty. Gen., Austin, for appellant.

Aubrey R. Williams, Montez, Williams & Baird, PC, Waco, for appellee.

Before WALKER, C.J., BURGESS and GAULTNEY, JJ.

OPINION

RONALD L. WALKER, Chief Justice.

The Texas Department of Criminal Justice brings this accelerated interlocutory appeal from the district court's denial of its plea to the jurisdiction. See TEX. CIV. PRAC. & REM.CODE ANN. § 51.014(8) (Vernon Supp.2002). The Department presents one issue on appeal: "Whether Plaintiff's claim is barred because Defendant did not have Actual Notice within six months, as required by the Texas Tort Claims...

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