Reyes v. Jefferson County (Per Curiam)
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In this interlocutory appeal involving application of the Texas Tort Claims Act's (TTCA) notice requirement the Supreme Court reversed the decision of the court of appeals reversing the judgment of the trial court denying Jefferson County's jurisdictional plea, holding that the County had actual notice of the plaintiff's claim as a matter of law.
Plaintiff sued Jefferson County under the Texas Tort Claims Act, Tex. Civ. Proc. & Rem. Code 101.101. The County asserted noncompliance with section 101.101, but the County's plea to the jurisdiction sought dismissal only on non-TTCA grounds, including noncompliance with a presentment requirement in Tex. Local Gov't Code 89.004(a). The trial court denied the County's plea on the basis that section 89.004's presentment requirement was not jurisdictional. The court of appeals reversed and dismissed the suit with prejudice for lack of statutory notice without considering the merits of the section 89.004 presentment issue. The Supreme Court reversed, holding that the court of appeals erred in ruling that Plaintiff failed to provide the notice section 101.101 requires to invoke the TTCA's sovereign immunity waiver.
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