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KELSO v. GONZALES HEALTHCARE SYSTEMS

No. 13-03-577-CV.

136 S.W.3d 377 (2004)

Daisy (Dee) Marie KELSO and James Douglas Kelso, Appellants, v. GONZALES HEALTHCARE SYSTEMS d/b/a Memorial Hospital, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

May 13, 2004.

Attorney(s) appearing for the Case

Dennis C. Peery, Tyler & Peery, San Antonio, for Appellants.

Robert L. Hargett, Damon D. Robertson, Peter R. Meeker, Davis & Wilkerson, Austin, Rosemary L. Hollan, Attorney At Law, San Antonio, for Appellee.

Before Chief Justice VALDEZ and Justices RODRIGUEZ and GARZA.

OPINION

Opinion by Justice GARZA.

Appellants, Daisy and James Kelso, appeal the trial court's decision to grant a plea to the jurisdiction by appellee, Gonzales Healthcare Systems, d/b/a Memorial Hospital ("Memorial Hospital"). In two issues, the Kelsos contend that (1) the trial court improperly granted Memorial Hospital's plea to the jurisdiction because sovereign immunity under the tort claims act had been waived; and (2) the trial court granted Memorial...

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