Supreme Court of Texas

An order granting a governmental unit's plea to jurisdiction should be with prejudice when the claimant fails to state a claim that is cognizable under the Texas Tort Claims Act, and such a dismissal becomes a judgment that would bar a plaintiff from proceeding against governmental agents for claims arising from the same subject matter.

Appellate Information

• Argued 11/12/2003
• Decided 05/28/2004
• Published 05/28/2004

Judges

• Chief Justice PHILLIPS delivered the opinion of the Court, in which Justice HECHT, Justice OWEN, Justice JEFFERSON, Justice SMITH, and Justice WAINWRIGHT joined.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Kevin D. Jewell,Chamberlain Hrdlicka White Williams & Martin, Casey Todd Wallace and Michael A Stafford, Harris County Atty., Michael R. Hull, Harris County Attorney's Office, Houston, for Petitioner.


• For Appellees:
  
• Okon J. Usoro, Okon J. Usoro, P.C., Houston, for Respondent.