Teacher Retirement System v. Duckworth
Opinions
The appellee, Elva Duckworth, individually and as independent executrix of the estate of W. W. Lackey, deceased, recovered judgment against the Teacher Retirement System of Texas and the State Board of Trustees of said System in their official capacity.
The appellants appealed and appellee has filed a motion to dismiss said appeal, on the ground that appellants filed no appeal bond.
It is our opinion that the Teacher Retirement System of Texas is, under Art. 3, § 48a of the Vernon’s Ann.St.Constitution, and Art. 2922-1, R.C.S., Vernon’s Ann.Civ.St. creating and governing said System, a State Department or State Board and the State Board of Trustees is the head of a State Department. Therefore, Rule 354, T.R.C.P., is not applicable and the appellants were entitled to appeal under the provisions of Articles 2276, 2072, and 279a, R.'C.S.
The motion to dismiss is overruled.
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260 S.W.2d 632 (Teacher Retirement System v. Duckworth) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.