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COUNTY OF BEXAR v. BRUTON

No. 04-07-00663-CV.

256 S.W.3d 345 (2008)

COUNTY OF BEXAR, Appellant, v. Edwin BRUTON, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled February 26, 2008.

Attorney(s) appearing for the Case

Leslie J.A. Sachanowicz, Assistant District Attorney, San Antonio, TX, for Appellant.

John N. Tyler, Tyler & Peery, San Antonio, TX, for Appellee.

Sitting: KAREN ANGELINI, Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice.

OPINION

Opinion by KAREN ANGELINI, Justice.

County of Bexar brings this interlocutory appeal of the trial court's order denying its plea to the jurisdiction, arguing that its plea should have been granted because Edwin Bruton did not give notice pursuant to section 89.0041 of the Texas Local Government Code. Because we hold that section 89.0041's notice requirement is not a jurisdictional requirement, we affirm the trial court's order.

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