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TEXAS DEPT. OF TRANSP. v. BLEVINS

No. 2-02-263-CV.

101 S.W.3d 170 (2003)

TEXAS DEPARTMENT OF TRANSPORTATION, Appellant, v. Roy Franklin BLEVINS, and Bonnie Blevins, as Next Friend for Michelle and Michael Blevins, Minors, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled April 24, 2003.

Attorney(s) appearing for the Case

John Cornyn, Attorney General of Texas, Howard G. Baldwin, Jr., First Assistant Attorney General, Jeffrey S. Boyd, Deputy Attorney General for Litigation, Grady Click, Assistant Attorney General, Chief, Transportation Division, Ronald E. Garner, Assistant Attorney General, Transportation Division, Austin, for appellant.

Banner, Briley & White, L.L.P., Steve Briley, Harold White, Wichita Falls, for appellee.

PANEL A: DAY, LIVINGSTON and DAUPHINOT, JJ.

OPINION

SAM J. DAY, Justice.

In this interlocutory appeal, the Texas Department of Transportation (TxDOT) challenges the trial court's denial of its plea to the jurisdiction, raising one point: the trial court erred by refusing to dismiss the case for want of jurisdiction because Appellees failed to give the formal or actual notice required by Texas Civil Practices and Remedies Code Section 101.101. We reverse and render.

FACTS

Appellees...

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