TEXAS PARKS AND WILDLIFE DEPT. v. GARLAND

No. 12-09-00117-CV.

313 S.W.3d 920 (2010)

TEXAS PARKS AND WILDLIFE DEPARTMENT, Appellant, v. Kenneth W. GARLAND, Appellee.

Court of Appeals of Texas, Tyler.

May 28, 2010.


Attorney(s) appearing for the Case

Rance L. Craft, Nelly R. Herrera, C. Andrew Weber, Gregory W. Abbott, Bridget L. McKinley, for Appellant.

Hutton W. Sentell, for Appellee.

Panel consisted of WORTHEN, CJ., GRIFFITH, J. and HOYLE, J.


OPINION

BRIAN HOYLE, Justice.

The Texas Parks and Wildlife Department (TPWD) appeals the denial of its plea to the jurisdiction in a lawsuit brought against it by Kenneth W. Garland. In one issue, TPWD asserts that the trial court should have granted the plea because Garland's lawsuit was barred by sovereign immunity. We reverse and dismiss.

BACKGROUND

On June 30, 2003, Garland was performing court ordered community service...

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