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NABELEK v. DISTRICT ATTY. OF HARRIS COUNTY

No. 14-03-00965-CV.

290 S.W.3d 222 (2005)

Ivo NABELEK, Appellant, v. DISTRICT ATTORNEY OF HARRIS COUNTY, Texas, Appellee.

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

Dissenting Opinion on Rehearing November 30, 2006.

Attorney(s) appearing for the Case

Ivo Nabelek, pro se.

Scott A. Durfee, Dist. Atty's Office, Houston, for District Attorney of Harris County.

Michelle Traher, for Charles Bacarisse.

Panel consists of Justices ANDERSON, HUDSON, and FROST.

MAJORITY OPINION

JOHN S. ANDERSON, Justice.

Appellant, Ivo Nabelek, appeals the dismissal of his suit against appellee, the District Attorney of Harris County, Texas. In his suit, Nabelek, an inmate at a state correctional facility proceeding pro se and in forma pauperis, sought declaratory and injunctive relief to determine the validity and constitutionality of section 552.028 of the Texas Open Records Act. TEX. GOV'T CODE ANN. § 552.028 (Vernon 2004...

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