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MENEFEE v. MEDLEN

No. 2-09-440-CV.

319 S.W.3d 868 (2010)

Keane MENEFEE, Appellant, v. Kathryn and Jeremy MEDLEN, Appellees.

Court of Appeals of Texas, Fort Worth.

Reconsideration En Banc Denied August 5, 2010.

Attorney(s) appearing for the Case

Luis E. Fierros , James A. Riddell , Fort Worth, TX, for Appellant.

Randall E. Turner , Turner & McKenzie, PC, Hurst, TX, for Appellees.

Panel: DAUPHINOT, GARDNER, and WALKER, JJ.

OPINION

SUE WALKER, Justice.

I. INTRODUCTION

This is an interlocutory appeal by Appellant Keane Menefee from the trial court's denial of his motion to dismiss Appellees Kathryn and Jeremy Medlens' lawsuit against him. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(5) (Vernon 2008). The primary issue we address is whether Menefee was entitled to dismissal based on section 101.106(f) of the Texas Tort Claims Act (TTCA), the "Election...

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