State v. Dallas County

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–