Home/Court of Appeals of Texas/the City of Austin v. Amy-Marie Howard, Individually and as Next Friend of D. A., a Minor, and as a Representative of the Estate of Johnathon Aguilar, and on Behalf of All Those Entitled to Recover Under the Texas Wrongful Death Act for the Death of Johnathon Aguilar and Nanette Mojica, Individually

the City of Austin v. Amy-Marie Howard, Individually and as Next Friend of D. A., a Minor, and as a Representative of the Estate of Johnathon Aguilar, and on Behalf of All Those Entitled to Recover Under the Texas Wrongful Death Act for the Death of Johnathon Aguilar and Nanette Mojica, Individually

CourtCourt of Appeals of Texas
DecidedFebruary 10, 2023
Docket03-22-00439-CV
StatusPublished

This text of the City of Austin v. Amy-Marie Howard, Individually and as Next Friend of D. A., a Minor, and as a Representative of the Estate of Johnathon Aguilar, and on Behalf of All Those Entitled to Recover Under the Texas Wrongful Death Act for the Death of Johnathon Aguilar and Nanette Mojica, Individually (the City of Austin v. Amy-Marie Howard, Individually and as Next Friend of D. A., a Minor, and as a Representative of the Estate of Johnathon Aguilar, and on Behalf of All Those Entitled to Recover Under the Texas Wrongful Death Act for the Death of Johnathon Aguilar and Nanette Mojica, Individually) 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.

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the City of Austin v. Amy-Marie Howard, Individually and as Next Friend of D. A., a Minor, and as a Representative of the Estate of Johnathon Aguilar, and on Behalf of All Those Entitled to Recover Under the Texas Wrongful Death Act for the Death of Johnathon Aguilar and Nanette Mojica, Individually, (Tex. Ct. App. 2023).

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED FEBRUARY 10, 2023

NO. 03-22-00439-CV

The City of Austin, Appellant

v.

Amy-Marie Howard, Individually and as Next Friend of D. A., a Minor, and as a Representative of The Estate of Johnathon Aguilar, and on Behalf of All Those Entitled to Recover Under the Texas Wrongful Death Act For The Death of Johnathon Aguilar and Nanette Mojica, Individually, Appellees

APPEAL FROM THE 201ST DISTRICT COURT OF TRAVIS COUNTY BEFORE JUSTICES BAKER, TRIANA, AND KELLY REVERSED AND RENDERED -- OPINION BY JUSTICE BAKER DISSENTING OPINION BY JUSTICE TRIANA

This is an appeal from the interlocutory order denying appellant’s plea to the jurisdiction signed

by the trial court on June 28, 2022. Having reviewed the record and the parties’ arguments, the

Court holds that there was reversible error in the order. Therefore, the Court reverses the trial

court’s interlocutory order and renders judgment granting appellant’s plea to the jurisdiction

and dismissing appellees’ claims against appellant. Appellees shall pay all costs relating to this

appeal, both in this Court and in the court below.

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the City of Austin v. Amy-Marie Howard, Individually and as Next Friend of D. A., a Minor, and as a Representative of the Estate of Johnathon Aguilar, and on Behalf of All Those Entitled to Recover Under the Texas Wrongful Death Act for the Death of Johnathon Aguilar and Nanette Mojica, Individually, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-city-of-austin-v-amy-marie-howard-individually-and-as-next-friend-of-texapp-2023.