Kent Scribner and Fort Worth Independent School District AND Jason Smith, Individually and as Next Friend of S.S. v. Jennifer Treger, for Herself and as Next Friend of M.T. and T.T. Todd Daniel, for Himself and as Next Friend of His Minor Children Jane Doe, for Herself and as Next Friend of Her Minor Children Kerri Rehmeyer, for Herself and as Next Friend of Her Minor Children

• Court: Court of Appeals of Texas
• Decided: March 10, 2022
• Docket: 02-21-00277-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-21-00277-CV

KENT SCRIBNER AND FORT WORTH § On Appeal from the 141st District INDEPENDENT SCHOOL DISTRICT, Court Appellants

V.

JENNIFER TREGER, FOR HERSELF AND AS NEXT FRIEND OF M.T. AND T.T.; TODD DANIEL, FOR HIMSELF AND AS NEXT FRIEND OF HIS MINOR CHILDREN; JANE DOE, FOR HERSELF AND AS NEXT FRIEND OF HER MINOR § of Tarrant County (141-327449-21) CHILDREN; AND KERRI REHMEYER, FOR HERSELF AND AS NEXT FRIEND OF HER MINOR CHILDREN, Appellees

AND

JASON SMITH, INDIVIDUALLY AND AS NEXT FRIEND OF S.S., Appellant

V. § March 10, 2022

JENNIFER TREGER, FOR HERSELF AND AS NEXT FRIEND OF M.T. AND T.T.; TODD DANIEL, FOR HIMSELF AND AS NEXT FRIEND OF HIS MINOR CHILDREN; JANE DOE, FOR HERSELF AND AS NEXT FRIEND OF HER MINOR CHILDREN; AND KERRI REHMEYER, FOR HERSELF AND AS NEXT FRIEND OF § Memorandum Opinion by Justice HER MINOR CHILDREN, Appellees Bassel

JUDGMENT

This court has considered the record on appeal in this case and holds that there

was error in the trial court’s order. We affirm the portion of the trial court’s order

that denied the District Appellants’ plea to the jurisdiction as to Appellees’ TOMA

claim. We reverse the portion of the trial court’s order that denied the District

Appellants’ plea to the jurisdiction as to Appellees’ UDJA claim. Accordingly, we

vacate our September 13, 2021 order that reinstated the trial court’s September 3,

2021 temporary-injunction order, and we dissolve the trial court’s September 3, 2021

temporary-injunction order. The case is remanded to the trial court for further

proceedings consistent with this opinion.

It is further ordered that Appellees shall pay half of the costs of this appeal, and

Appellants Kent Scribner and Fort Worth Independent School District shall pay half

of the costs of this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By /s/ Dabney Bassel Justice Dabney Bassel