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BOARD OF REGENTS OF UNIV v. FKM PARTNERSHIP

No. 14-03-00392-CV.

178 S.W.3d 1 (2005)

BOARD OF REGENTS OF THE UNIVERSITY OF HOUSTON SYSTEM and The State of Texas, Appellants, v. FKM PARTNERSHIP, LTD., A Texas Limited Partnership, Nationsbank of Texas N.A., City of Houston, County of Harris, Houston Community College, And Houston Independent School District, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled September 29, 2005.

Attorney(s) appearing for the Case

Katherine E. Clark Kasten, Cavitt Wendlandt, Danica Lynn Milios, Austin, for appellants.

Alan Brandt Daughtry, Billy C. Dyer, H. Dixon Montague, Houston, for appellees.

Panel consists of Justices FOWLER, EDELMAN, and SEYMORE.

MAJORITY OPINION

WANDA McKEE FOWLER, Justice.

The University of Houston appeals from the county court's dismissal of its suit for condemnation of a tract of land owned by FKM Partnership (FKM). The University alleges the county court erred in (1) dismissing its cause for want of jurisdiction, and (2) assessing temporary damages, attorney's fees, and costs for the University's temporary possession of the property. We reverse and remand.

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