City of Houston v. Frank Gutkowski, Individually, Frank Gutkowski, as Representative for the Estate of Patricia Gutkowski, Tammie Rene Gutkowski and Carl Gutkowski

Court of Appeals of Texas

City of Houston v. Frank Gutkowski, Individually, Frank Gutkowski, as Representative for the Estate of Patricia Gutkowski, Tammie Rene Gutkowski and Carl Gutkowski

DecidedOctober 17, 2017

Docket14-17-00234-CV

StatusPublished

This text of City of Houston v. Frank Gutkowski, Individually, Frank Gutkowski, as Representative for the Estate of Patricia Gutkowski, Tammie Rene Gutkowski and Carl Gutkowski (City of Houston v. Frank Gutkowski, Individually, Frank Gutkowski, as Representative for the Estate of Patricia Gutkowski, Tammie Rene Gutkowski and Carl Gutkowski) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Houston v. Frank Gutkowski, Individually, Frank Gutkowski, as Representative for the Estate of Patricia Gutkowski, Tammie Rene Gutkowski and Carl Gutkowski, (Tex. Ct. App. 2017).

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Opinion

October 17, 2017

JUDGMENT

The Fourteenth Court of Appeals CITY OF HOUSTON, Appellant

NO. 14-17-00234-CV V.

FRANK GUTKOWSKI, INDIVIDUALLY AND AS REPRESENTATIVE FOR THE ESTATE OF PATRICIA GUTKOWSKI, DECEASED, TAMMIE RENE GUTKOWSKI AND CARL GUTKOWSKI, Appellees ________________________________

This cause, an appeal from the order denying appellant City of Houston’s plea to the jurisdiction and motion to dismiss, signed March 8, 2017, was heard on the transcript of the record. We have inspected the record and find that the trial court erred in ruling that appellant City of Houston’s governmental immunity was waived under the Texas Tort Claims Act. We therefore order the court’s order below REVERSED and RENDER judgment dismissing the claims of appellees, Frank Gutkowski, Individually and as Representative for the Estate of Patricia Gutkowski, Deceased, Tammie Rene Gutkowski and Carl Gutkowski against appellant City of Houston.

We further order that all costs incurred by reason of this appeal be paid jointly and severally by appellees, Frank Gutkowski, Individually and as Representative for the Estate of Patricia Gutkowski, Deceased, Tammie Rene Gutkowski and Carl Gutkowski.

We further order this decision certified below for observance.

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October 17, 2017

JUDGMENT

The Fourteenth Court of Appeals CITY OF HOUSTON, Appellant

NO. 14-17-00234-CV V.

FRANK GUTKOWSKI, INDIVIDUALLY AND AS REPRESENTATIVE FOR THE ESTATE OF PATRICIA GUTKOWSKI, DECEASED, TAMMIE RENE GUTKOWSKI AND CARL GUTKOWSKI, Appellees ________________________________

This cause, an appeal from the order denying appellant City of Houston’s plea to the jurisdiction and motion to dismiss, signed March 8, 2017, was heard on the transcript of the record. We have inspected the record and find that the trial court erred in ruling that appellant City of Houston’s governmental immunity was waived under the Texas Tort Claims Act. We therefore order the court’s order below REVERSED and RENDER judgment dismissing the claims of appellees, Frank Gutkowski, Individually and as Representative for the Estate of Patricia Gutkowski, Deceased, Tammie Rene Gutkowski and Carl Gutkowski against appellant City of Houston.

We further order that all costs incurred by reason of this appeal be paid jointly and severally by appellees, Frank Gutkowski, Individually and as Representative for the Estate of Patricia Gutkowski, Deceased, Tammie Rene Gutkowski and Carl Gutkowski.

We further order this decision certified below for observance.

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Bluebook (online)

City of Houston v. Frank Gutkowski, Individually, Frank Gutkowski, as Representative for the Estate of Patricia Gutkowski, Tammie Rene Gutkowski and Carl Gutkowski, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-houston-v-frank-gutkowski-individually-frank-gutkowski-as-texapp-2017.