Texas Parks and Wildlife Department v. Kenneth W. Garland

NO. 12-09-00117-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

TEXAS PARKS AND WILDLIFE § APPEAL FROM THE 241ST

DEPARTMENT,

APPELLANT

V. § JUDICIAL DISTRICT COURT

KENNETH W. GARLAND,

APPELLEE § SMITH COUNTY, TEXAS

OPINION

The Texas Parks and Wildlife Department (“TPWD”) appeals the denial of its plea to the jurisdiction in a lawsuit brought against it by Kenneth W. Garland. In one issue, TPWD asserts that the trial court should have granted the plea because Garland’s lawsuit was barred by sovereign immunity. We reverse and dismiss.

Background

On June 30, 2003, Garland was…