Legal Opinion

Texas Department of Insurance, Division of Workers' Compensation v. the Insurance Company of the State of Pennsylvania

Texas Court of Appeals, 3rd District (Austin)

Decided February 12, 2010No. 03-07-00171-CVPublished

1Opinion of the Court

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00171-CV

Texas Department of Insurance, Division of Workers' Compensation, Appellant

v.

The Insurance Company of the State of Pennsylvania, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 261ST JUDICIAL DISTRICT

NO. D-1-GN-04-003939, HONORABLE LORA J. LIVINGSTON, JUDGE PRESIDING

D I S S E N T I N G O P I N I O N

I respectfully dissent from the majority's opinion because I believe we should dismiss this cause for lack of jurisdiction.

"Declaratory relief is not available for the interpretation of a prior judgment." Rapid Settlements, Ltd.…

2Cases cited13 opinions

  1. Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
  2. Bonham State Bank v. BeadleTexas Supreme Court · 1995
  3. Chenault v. PhillipsTexas Supreme Court · 1996
  4. City of Garland v. LoutonTexas Supreme Court · 1985
  5. Martin v. DOSHOS I, LTD., INC., Texas Court of Appeals, 4th District (San Antonio)1999

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