the-city-of-el-paso-texas-v-harold-collins-and-catherine-teague-collins ( 2013 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
THE CITY OF EL PASO, TEXAS,
§
Appellant,
§ No. 08-12-00243-CV
v.
§ Appeal from
HAROLD COLLINS AND
CATHERINE TEAGUE-COLLINS, § 171st District Court
INDIVIDUALLY AND AS NEXT
FRIENDS OF JADE COLLINS, A § of El Paso County, Texas
MINOR, AND JASMINE COLLINS,
A MINOR, § (TC # 2009-2736)
Appellees. §
JUDGMENT
This Court has considered this cause on the record and concludes that there was error in
the judgment. We therefore reverse the trial court’s order denying the plea to the jurisdiction as
it applies to Appellees’ responsible third party claim and render judgment dismissing that claim.
We reverse the trial court’s order denying the plea to the jurisdiction as it applies to Appellees’
premises liability claim and remand the cause to the trial court to allow Appellees an opportunity
to amend their pleadings to cure the jurisdictional defects. We affirm the trial court’s order
denying the plea to the jurisdiction as it applies to Appellees’ negligence claim.
We further order that the Appellant recover from Appellees all costs, both in this Court
and the court below, for which let execution issue. This decision shall be certified below for
observance.
IT IS SO ORDERED THIS 18TH DAY OF DECEMBER, 2013.
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rivera, and Rodriguez, JJ.
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