Court of Appeals
Sixth Appellate District of Texas
JUDGMENT
Kilgore Independent School District, et al., Appeal from the County Court at Law No. 2
Appellants of Gregg County, Texas (Tr. Ct. No. 2016-
1850-CCL2). Opinion delivered by Chief
No. 06-17-00060-CV v. Justice Morriss, Justice Moseley and Justice
Burgess participating.
Darlene Axberg, John Claude Axberg,
Sheila Anderson, and the State of Texas,
Appellees
As stated in the Court’s opinion of this date, we find reversible error in the judgment of the
court below. Therefore, we reverse the trial court’s order in part, to the extent that it refused to
dismiss the ultra vires claims, and render judgment dismissing those claims; but we otherwise
affirm the trial court’s actions and remand the remainder of this lawsuit for further proceedings
consistent with this opinion.
We further order that the appellants and appellees shall each pay one half of all costs of
appeal.
RENDERED OCTOBER 12, 2017
BY ORDER OF THE COURT
JOSH R. MORRISS, III
CHIEF JUSTICE
ATTEST:
Debra K. Autrey, Clerk