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KELEMEN v. ELLIOTT

No. 01-05-00795-CV.

260 S.W.3d 518 (2008)

Brandi KELEMEN, Appellant v. Robert ELLIOTT, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

June 12, 2008.

Attorney(s) appearing for the Case

Mark W. Stevens, The Law Office of Mark Stevens, Galveston, TX, for Appellant.

John J. Hightower, Brian J. Begle, Olson & Olson, L.L.P., Houston, TX, for Appellee.

Panel consists of Justices NUCHIA, ALCALA, and HANKS.

OPINION

ELSA ALCALA, Justice.

Appellant, Brandi Kelemen, appeals the trial court's order dismissing her suit against appellee, Robert Elliott. In her first issue, Kelemen challenges the trial court's dismissal under section 101.106 of the Texas Tort Claims Act by asserting that her suit was not brought "under" the Tort Claims Act and thus section 101.106 did not require dismissal. See TEX. CIV. PRAC...

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