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Harris County v. Nash5/18/2000
OPINION
Harris County appeals the trial court's denial of its plea to the jurisdiction. Appellant filed an interlocutory appeal pursuant to TEX. CIV. PRAC. & REM. CODE ANN. ยง 51.014(a)(8) (Vernon Supp. 1999). In one point of error, appellant asserts that the trial court erred in denying its plea to the jurisdiction because the court's plenary jurisdiction had expired. For the reasons stated below, we reverse the judgment of the trial court.
BACKGROUND
Johnny Nash was employed as a Harris County Sheriff's Deputy from 1988 until he was terminated on April 4, 1997. On December 23, 1997, Nash brought suit alleging numerous claims of employment discrimination and retaliation against Harris County, the Harris County Sheriff's Department, the Civil Service Commission, and several Harris County officials in their individual and official capacities. On October 1, 1998, the defendants filed a motion for summary judgment and plea to the jurisdiction. On November 5, 1998, the trial court granted the motion for summary judgment as to all the county officials sued in their individual and official capacities. The order reads as follows:
On this day came to be heard Defendants Sheriff Tommy Thomas, Chief Deputy D.V. McKaskle, Deputy Russell D. Baker, Henry Oncken's Motion for Summary Judgment and Plea to the Jurisdiction. Having considered the pleadings, evidence and argument of counsel, this Court finds there is no issue of material fact and that Defendants Sheriff Tommy Thomas, Chief Deputy D.V. McKaskle, Deputy Russell D. Baker, Henry Oncken, in their individual and official capacities, are entitled to judgment as a matter of law.
IT IS THEREFORE ORDERED that Judgment be entered and it is hereby ordered that Plaintiff Johnny Nash take nothing against Defendants Sheriff Tommy Thomas, Chief Deputy D.V. McKaskle, Deputy Russell D. Baker, Henry Oncken, in their individual and official capacities, and that all costs of court are to be paid by the Plaintiff. All relief not granted herein is hereby denied.
SIGNED this 5th day of November, 1998.
The order on its face does not purport to grant relief to Harris County, the Harris County Sheriff's Department, or the Civil Service Commission. Unsure as to whether the order constituted a partial or final summary judgment, respondent filed a Motion for New Trial on December 4, 1998. According to respondent, the trial court found that the order was only a partial summary judgment and declared that the Motion for New Trial was premature. We note that there is nothing in the record to verify this claim. Pursuant to TEX. R. CIV. P. 329b(c), the motion for new trial was overruled by operation of law on January 19, 1999, seventy-five days after the judgment was signed. Respondent did not file a notice of appeal. The trial court signed an order denying the motion for new trial on February 20, 1999. On March 11,
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