Court of Civil Appeals of Texas, 2024

Texas Department of Criminal Justice, Bryan Collier, Bobby Lumpkin, and Kelly Strong v. Anibal Canales and Ivan Cantu

Texas Department of Criminal Justice, Bryan Collier, Bobby Lumpkin, and Kelly Strong v. Anibal Canales and Ivan Cantu
Court of Civil Appeals of Texas · Decided July 12, 2024

Texas Department of Criminal Justice, Bryan Collier, Bobby Lumpkin, and Kelly Strong v. Anibal Canales and Ivan Cantu

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JULY 12, 2024

NO. 03-23-00248-CV

Texas Department of Criminal Justice, Bryan Collier, Bobby Lumpkin, and Kelly Strong, Appellants v. Anibal Canales and Ivan Cantu, Appellees

APPEAL FROM THE 419TH DISTRICT COURT OF TRAVIS COUNTY BEFORE CHIEF JUSTICE BYRNE, JUSTICES KELLY AND THEOFANIS REVERSED AND RENDERED -- OPINION BY JUSTICE KELLY CONCURRING AND DISSENTING OPINION BY JUSTICE THEOFANIS

This is an appeal from the order denying appellants’ plea to the jurisdiction signed by the trial court on April 11, 2023. 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 order denying appellants’ plea to the jurisdiction and renders judgment dismissing the case for want of jurisdiction. Because appellees are indigent and unable to pay costs, no adjudication of costs is made.

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