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HARDIN COUNTY SHERIFF'S DEPT. v. SMITH

No. 09-09-00001-CV.

290 S.W.3d 550 (2009)

HARDIN COUNTY SHERIFF'S DEPARTMENT, Appellant v. Justin W. SMITH, Appellee.

Court of Appeals of Texas, Beaumont.

Decided July 30, 2009.

Attorney(s) appearing for the Case

Larry J. Simmons, Kelli B. Smith, Germer Gertz, Beaumont, for appellant.

John S. Morgan, April C. Lindsay, John Pat Parsons, Lindsay & Morgan, Beaumont, for appellee.

Before McKEITHEN, C.J., GAULTNEY and KREGER, JJ.

OPINION

CHARLES KREGER, Justice.

The Hardin County Sheriff's Department ("the County") appeals the denial of its plea to the jurisdiction in a tort suit filed by Justin W. Smith. We reverse the order and render judgment dismissing the case.

Smith's petition alleged he was the victim of mistaken identity. Smith alleged he entered an Austin office of the Texas Department of Public Safety ("DPS") to renew his driver's license. Believing Smith to be...

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