CITY OF HOUSTON v. BUTTITTA

No. 01-07-00323-CV.

274 S.W.3d 850 (2008)

CITY OF HOUSTON, Appellant, v. Joseph A. BUTTITTA, Appellee.

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

December 4, 2008.


Attorney(s) appearing for the Case

Timothy J. Higley, City of Houston Legal Department, Senior Assistant City Attorney, Houston, TX, for Appellant.

Robert A. Armbruster, Houston Police Officers' Union, Houston, TX, for Appellee.

Panel consists of Justices ALCALA, HANKS, HIGLEY.


OPINION ON REHEARING

GEORGE C. HANKS, JR., Justice.

We withdraw our opinion and judgment issued July 17, 2008, and issue the following opinion and new judgment instead. We deny the City of Houston's motion for rehearing en banc as moot.

The City appeals the trial court's order granting the plea to its jurisdiction. The City contends that the trial court erred in granting the plea because the City's pleadings...

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