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SIX BROTHERS CONCRETE PUMPING, LLC v. TWC

NO. 01-22-00357-CV.

679 S.W.3d 746 (2023)

SIX BROTHERS CONCRETE PUMPING, LLC, Appellant, v. TEXAS WORKFORCE COMMISSION and Martin Tomczak, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Opinion issued May 9, 2023.

Attorney(s) appearing for the Case

Melissa Moore , Tex. Bar No. 24013189, Curt Hesse , Tex. Bar No. 24065414, MOORE & ASSOCIATES, Lyric Centre 440 Louisiana, Street, Suite 1110 Houston, Texas 77002-1063, for Appellant.

KEN PAXTON , Attorney General of Texas, Lydia C. Tsao , Assistant Attorney General, Tax Division, P.O. Box 12548, Austin, Texas 78711-2548, for Appellee.

Panel consists of Chief Justice Adams and Justices Kelly and Goodman.

OPINION

Six Brothers Concrete Pumping, LLC, appeals the trial court's order granting the Texas Workforce Commission's plea to the jurisdiction. Six Brothers contends that, although it failed to comply with a mandatory venue requirement, the requirement is not a jurisdictional bar to suit, and the commission waived...

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