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RODRIGUEZ EX REL. RODRIGUEZ v. EMC MORTG.

No. 04-02-00437-CV.

94 S.W.3d 795 (2002)

Emerald RODRIGUEZ, by and through her next friend, David RODRIGUEZ, Appellant, v. EMC MORTGAGE CORP., Appellee.

Court of Appeals of Texas, San Antonio.

December 4, 2002.

Attorney(s) appearing for the Case

David Rodriguez, pro se.

Kelly J. Harvey, Rubal, Hamm & Harvey, A Partnership of Professional Corporations, Houston, for appellee.

Sitting: ALMA L. LÓPEZ, Justice, SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice.

Opinion by ALMA L. LÓPEZ, Justice.

Emerald Rodriguez ("Emerald"), by and through her next friend David Rodriguez, appeals the trial court's order dismissing the underlying lawsuit for lack of jurisdiction. In her first two issues, Emerald asserts that the trial court did not have jurisdiction to grant the plea to the jurisdiction. In her third issue, Emerald asserts that the plea to the jurisdiction was improperly granted. We reverse the trial court's order and...

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