Kelemen v. Elliott

OPINION

ELSA ALCALA, Justice.

Appellant, Brandi Kelemen, appeals the trial court’s order dismissing her suit against appellee, Robert Elliott. In her first issue, Kelemen challenges the trial court’s dismissal under section 101.106 of the Texas Tort Claims Act by asserting that her suit was not brought “under” the Tort Claims Act and thus section 101.106 did not require dismissal. See Tex. Civ. Peac. & Rem.Code Ann. §§ 101.001-.109 (Vernon 2005 & Supp.2007). We conclude that the trial court erred by dismissing the lawsuit against Elliott under section 101.106 of the Tort Claims Act because (1)…