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EMPLOYEES RETIREMENT SYSTEM v. RIZZO

No. 04-05-00257-CV.

180 S.W.3d 231 (2005)

EMPLOYEES RETIREMENT SYSTEM OF TEXAS, Appellant, v. Leonard RIZZO, Appellee.

Court of Appeals of Texas, San Antonio.

September 14, 2005.

Attorney(s) appearing for the Case

Maureen Powers, Asst. Atty. Gen., Austin, for appellant.

Edward L. Pina, Edward L. Pina & Associates, San Antonio, for appellee.

Sitting: SARAH B. DUNCAN, Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice.

OPINION

Opinion by PHYLIS J. SPEEDLIN, Justice.

The Employees Retirement System of Texas ("ERS") challenges the trial court's denial of its plea to the jurisdiction in this accelerated appeal. We conclude that the trial court lacked subject matter jurisdiction over the cause due to Leonard Rizzo's failure to exhaust available administrative remedies prior to filing suit to recover the state employee benefits earned by his wife. Accordingly, we reverse the...

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