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DAVIS v. BURNAM

No. 03-03-00518-CV.

137 S.W.3d 325 (2004)

Thomas A. DAVIS, Jr. and Texas Department of Public Safety/Lon Burnam, Appellants, v. Lon BURNAM/Thomas A. Davis, Jr. and Texas Department of Public Safety, Appellees.

Court of Appeals of Texas, Austin.

May 13, 2004.

Attorney(s) appearing for the Case

R. Ted Cruz, Karen Pettigrew, Jeff Graham, Asst. Attys. Gen., David C. Mattax, Division Chief Financial Litigation Div., Austin, for appellants.

Catherine A. Mauzy, Law Office of Catherine A. Mauzy, Austin, Art Brender and Jason C.N. Smith, Law Offices of Art Brender, Fort Worth, for Burnam.

Before Chief Justice LAW, Justices KIDD and PURYEAR.

OPINION

W. KENNETH LAW, Chief Justice.

The parties in this case present two issues concerning pleas to the jurisdiction. First, we will decide whether a court has jurisdiction to issue a declaratory judgment concerning an alleged destruction of state records. Second, we will analyze the proper procedure to follow after a court denies a plea to the jurisdiction on a question of statutory construction.1 For the reasons stated...

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