Bass, Margaret v. Texas Association of School Boards and Flour Bluff Independent School District ( 2002 )

NUMBER 13-99-820-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

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MARGARET BASS , Appellant,

v.

TEXAS ASSOCIATION OF SCHOOL BOARDS AND FLOUR BLUFF

INDEPENDENT SCHOOL DISTRICT , Appellees.

__________________________________________________________________

On appeal from the 28th District Court

of Nueces County, Texas.

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OPINION ON REMAND

Before Justices Dorsey, Castillo, and Kennedy ⁽¹⁾

Opinion by Justice Dorsey

This Supreme Court of Texas remanded this cause to this Court for correction of our original opinion and judgment. See Texas Association of School Boards, Inc. v. Margaret Bass, No. 01-1105 (Tex. July 3, 2002) (slip op. at 3). In our original opinion, we reviewed a take-nothing judgment entered by the trial court after the court granted a joint motion for summary judgment filed by Texas Association of School Boards, Inc. and Flour Bluff, I.S.D. See Bass v. Texas Association of School Boards and Flour Bluff I.S.D., 55 S.W.3d 735 (Tex. App.--Corpus Christi 2001).

We affirmed the trial court's grant of summary judgment in favor of Texas Association of School Boards, but reversed its grant of summary judgment in favor of Flour Bluff I.S.D. Id. at 738-740. Rather than affirm, in part, and reverse, in part, we reversed the judgment in its entirety and instructed the trial court to proceed further consistent with our opinion. Id. at 740. The supreme court has ordered us to correct our disposition so that it conforms with the analysis contained in our opinion. Texas Association of School Boards, No. 01-1105, slip op. at 3.

Accordingly, we AFFIRM the take-nothing judgment entered in favor of Texas Association of School Boards, and REVERSE the judgment with regard to Bass's claims against Flour Bluff I.S.D., conclude the trial court erred in granting summary judgment on Bass's claims against Flour Bluff I.S.D., and REMAND those claims to the trial court for further proceedings consistent with this opinion.

J. BONNER DORSEY,

Justice

Justice Kennedy not participating.

Publish .

Tex. R. App. P. 47.3(b).

Opinion delivered and filed

this 1st day of August, 2002.

1. Senior Justice Noah Kennedy assigned to this court by the Chief Justice of the Supreme Court of Texas pursuant to Tex. Gov't Code Ann. § 74.003 (Vernon 1998).