City of Dallas v. Bargman

OPINION ON REHEARING

Opinion by

Justice FITZGERALD.

This Court’s opinion of October 5, 2004 is withdrawn; the following is now the opinion of this Court.

City of Dallas brings this interlocutory appeal of the trial court’s denial of the City’s plea to the jurisdiction. The City asserts that it is immune from the lawsuit brought by John Bargman as trustee of the Ann T. Bovis Property Trust (the Trust) and that the Trust lacks standing to bring the claim against the City. We conclude the Trust has standing and that the City made a limited waiver of its immunity from suit by filing counterclaims…