State v. Dallas County ( 2015 )


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  • REVERSE, VACATE, and REMAND; and Opinion Filed June 8, 2015.
    S   In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-14-01216-CV
    THE STATE OF TEXAS, Appellant
    V.
    DALLAS COUNTY, CITY OF DALLAS, IRVING INDEPENDENT
    SCHOOL DISTRICT, DALLAS COUNTY COMMUNITY COLLEGE DISTRICT,
    DALLAS COUNTY SCHOOL EQUALIZATION FUND,
    AND PARKLAND HOSPITAL DISTRICT, Appellees
    On Appeal from the 68th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. TX-12-30113
    MEMORANDUM OPINION
    Before Justices Lang-Miers, Brown, and Schenck
    Opinion by Justice Brown
    In this interlocutory appeal in a case involving property taxes, the State of Texas
    contends the trial court erred in denying its plea to the jurisdiction based on sovereign immunity.
    See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West 2015). Appellees agree the
    State’s plea to the jurisdiction should have been granted. They have filed a motion asking us to
    reverse and remand so they can dismiss the State from the lawsuit. We grant appellees’ motion.
    We reverse and vacate the trial court’s August 25, 2014 order denying the plea to the jurisdiction
    and remand the cause to the trial court for further proceedings consistent with this opinion.
    /Ada Brown/
    ADA BROWN
    JUSTICE
    141216F.P05
    –2–
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    THE STATE OF TEXAS, Appellant                        On Appeal from the 68th Judicial District
    Court, Dallas County, Texas
    No. 05-14-01216-CV         V.                        Trial Court Cause No. TX-12-30113.
    Opinion delivered by Justice Brown. Justices
    DALLAS COUNTY, CITY OF DALLAS,                       Lang-Miers and Schenck participating.
    IRVING INDEPENDENT
    SCHOOL DISTRICT, DALLAS COUNTY
    COMMUNITY COLLEGE DISTRICT,
    DALLAS COUNTY SCHOOL
    EQUALIZATION FUND,
    AND PARKLAND HOSPITAL DISTRICT,
    Appellees
    In accordance with this Court’s opinion of this date, we REVERSE and VACATE the
    trial court’s August 25, 2014 order and REMAND the cause to the trial court for further
    proceedings consistent with this opinion.
    It is ORDERED that the parties bear their own costs of this appeal.
    Judgment entered this 8th day of June, 2015.
    –3–
    

Document Info

Docket Number: 05-14-01216-CV

Filed Date: 6/10/2015

Precedential Status: Precedential

Modified Date: 6/11/2015