OPINION
CHARLES KREGER, Justice.
This appeal arises from a suit filed by Billy and Ginger Mann for the death of their dog against Michael Wethington. Wethington, an officer of the Stagecoach Police Department, filed a motion for summary judgment on the grounds of official immunity. The trial court denied the motion and Wethington appealed pursuant to TEX. CIV. PRAC. & REM.CODE ANN. § 51.014(a)(5) (Vernon Supp.2005).
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