Rawlings v. Angelo State University

GAMMAGE, Justice.

This is an appeal from the learned trial court’s order of dismissal after it sustained appellee’s “plea in abatement” against appellants’ suit under the Texas Tort Claims Act. Tex.Rev.Civ.Stat.Ann. art. 6252-19 (Supp.1982) (hereafter, the Act). This Court will reverse the decision of the court below and remand the cause for trial.

Though not raised by appellants, we note at the outset of this opinion that this cause was terminated in the trial court through an inappropriate mechanism. As noted by Chief Justice Brown in Norton v. Brazos County, 640 S.W.2d 690 (Tex.App.1982, no…