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BATTISTA v. CITY OF ALPINE

No. 08-09-00221-CV.

345 S.W.3d 769 (2011)

Mark BATTISTA and Lalae Battista, Appellants, v. The CITY OF ALPINE, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled August 17, 2011.

Attorney(s) appearing for the Case

David Melasky , Houston, TX, Eve Trook , Alpine, TX, for Appellants.

Melinda D. Hamm , Midland, TX, for Appellee.

Before CHEW, C.J., McCLURE, and RIVERA, JJ.

OPINION

DAVID WELLINGTON CHEW, Chief Justice.

Mark and Lalae Battista appeal from a take nothing summary judgment in favor of the City of Alpine ("the City"). They raise six issues on appeal challenging the trial court's judgment under both the traditional and no-evidence summary judgment standards, and contend that the City is not entitled to the protections of sovereign immunity.

In the fall of...

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