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OSBURN v. DENTON COUNTY

No. 2-02-340-CV.

124 S.W.3d 289 (2003)

Robert H. OSBURN and Blassingame & Osburn, P.C., Appellants, v. DENTON COUNTY, Texas; Scott Armey, Denton County Judge; Sherri Adelstein, Denton County District Clerk; and Tracy Kunkel, Former Denton County District Clerk, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled January 22, 2004.

Attorney(s) appearing for the Case

Blassingame & Osburn, P.C., Robert H. Osburn, Dallas, for Appellants.

Bruce Isaacks, Criminal District Attorney, Robert Schnell, Brody Shanklin, Assistant District Attorneys, for Denton County, Denton, Texas.

PANEL B: HOLMAN, GARDNER, and WALKER, JJ.

OPINION

ANNE GARDNER, Justice.

This is an appeal concerning the payment of funds deposited into the registry of the court to the wrong person. Appellants, the persons who were entitled to the funds, sued Denton County, the Denton County Judge, and the current and former Denton County District Clerks ("appellees") to recover the funds. The trial court sustained appellees' plea to the jurisdiction. We affirm in part and reverse and remand in part.

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