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CITY OF MADISONVILLE v. SIMS

No. 18-1047.

620 S.W.3d 375 (2020)

The CITY OF MADISONVILLE and the Madisonville Police Department, Petitioners, v. David SIMS, Respondent.

Supreme Court of Texas.

Rehearing Denied December 4, 2020.

Attorney(s) appearing for the Case

Charles T. Jeremiah , Holland & Knight, David W. Hughes , Sean Higgins, William S. Helfand , Lewis Brisbois Bisgaard & Smith LLP, Steven J. Knight , Chamberlain Hrdlicka, Houston, for Petitioners.

Melissa Azadeh , Watts & Company Lawyers, Ltd., Houston, J. Paxton Adams , Law Office of J. Paxton Adams, Huntsville, Laurence W. Watts , Watts & Company Lawyers, Ltd., Missouri City, for Respondent.

Section 311.034 of the Code Construction Act makes statutory prerequisites to suit "jurisdictional requirements" for claims against governmental entities. See TEX. GOV'T CODE § 311.034. When a party sues a governmental entity but fails to comply with a statutory prerequisite to suit, the governmental entity's response is "properly...

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