the City of Austin v. Amy-Marie Howard, Individually and as Next Friend of D. A., a Minor, and as a Representative of the Estate of Johnathon Aguilar, and on Behalf of All Those Entitled to Recover Under the Texas Wrongful Death Act for the Death of Johnathon Aguilar and Nanette Mojica, Individually
the City of Austin v. Amy-Marie Howard, Individually and as Next Friend of D. A., a Minor, and as a Representative of the Estate of Johnathon Aguilar, and on Behalf of All Those Entitled to Recover Under the Texas Wrongful Death Act for the Death of Johnathon Aguilar and Nanette Mojica, Individually
Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
JUDGMENT RENDERED FEBRUARY 10, 2023
NO. 03-22-00439-CV
The City of Austin, Appellant v. Amy-Marie Howard, Individually and as Next Friend of D. A., a Minor, and as a Representative of The Estate of Johnathon Aguilar, and on Behalf of All Those Entitled to Recover Under the Texas Wrongful Death Act For The Death of Johnathon Aguilar and Nanette Mojica, Individually, Appellees
APPEAL FROM THE 201ST DISTRICT COURT OF TRAVIS COUNTY BEFORE JUSTICES BAKER, TRIANA, AND KELLY REVERSED AND RENDERED -- OPINION BY JUSTICE BAKER DISSENTING OPINION BY JUSTICE TRIANA
This is an appeal from the interlocutory order denying appellant’s plea to the jurisdiction signed by the trial court on June 28, 2022. Having reviewed the record and the parties’ arguments, the Court holds that there was reversible error in the order. Therefore, the Court reverses the trial court’s interlocutory order and renders judgment granting appellant’s plea to the jurisdiction and dismissing appellees’ claims against appellant. Appellees shall pay all costs relating to this appeal, both in this Court and in the court below.
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