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CITY OF DALLAS v. MARTIN

Nos. 05-03-01310-CV, 05-03-01334-CV.

140 S.W.3d 924 (2004)

CITY OF DALLAS, Appellant, v. David S. MARTIN, et al., Appellees. City of Dallas, Appellant, v. George G. Parker, et al., Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Granted August 27, 2004.

Attorney(s) appearing for the Case

James B. Pinson, Madeleine B. Johnson, City Attorney, Peter Brooke Haskel, Office of City Attorney, Dallas, for Appellant.

Robert Charles Lyon, Robert Lyon & Associates, P.C., Rowlett, for Appellees.

Before Justices MORRIS, FITZGERALD, and FRANCIS.

OPINION

Opinion by Justice MORRIS.

In these interlocutory appeals, we are presented with the issue of whether the City of Dallas waived its sovereign immunity from suit and, therefore, subjected itself to the jurisdiction of the trial court. Among the several grounds for asserting that such a waiver occurred, appellees contend the City invoked the trial court's subject matter jurisdiction when it filed counterclaims...

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