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EMPLOYEES RETIREMENT SYSTEM v. DUENEZ

No. 13-05-729-CV.

221 S.W.3d 809 (2007)

EMPLOYEES RETIREMENT SYSTEM OF TEXAS, Appellant, v. Xavier DUENEZ and Irene Duenez, Appellees.

Court of Appeals of Texas, Corpus Christi-Edinburg.

April 5, 2007.

Attorney(s) appearing for the Case

Jefferson E. Boyt, Austin, for appellant.

Cynthia T. Sheppard, Cuero, David C. Griffin, Houston, Marek & Griffin, Victoria, for appellees.

Before Justices RODRIGUEZ, GARZA, and BENAVIDES.

OPINION

Opinion by Justice GARZA.

The Employees Retirement System of Texas ("ERS") has filed an interlocutory appeal of the trial court's order denying its motion to dismiss. See Tex. Civ. Prac. & Rem.Code Ann. § 51.014(a)(8) (Vernon Supp.2006). We affirm.

I. Background

Xavier Duenez was an employee of the State of Texas who was insured — through ERS — by Blue Cross Blue Shield of Texas ("BCBS"). In 1997, his...

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