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City of Beverly Hills v. Guevara

Supreme Court of Texas
Sep 14, 1995
904 S.W.2d 655 (Tex. 1995)
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Summary

holding city's interlocutory appeal authorized even though plaintiff did not sue employee

Summary of this case from City of Houston v. Giron
See 8 Summaries

Opinion

No. 95-0014.

June 22, 1995. Rehearing Overruled September 14, 1995.

Appeal from 74th District Court, McLennan County, Alan Mayfield, J.

David G. Tekell, Keith C. Cameron, Waco, for petitioner.

Darren Obenoskey, Waco, for respondent.

PER CURIAM.

David Guevara sued the City of Beverly Hills, alleging that one of its police officers injured him. Guevara did not sue the officer individually. The City moved for summary judgment on several theories, including the common-law doctrine of official immunity. The trial court denied the motion, and the City appealed pursuant to section 51.014 (5) of the Texas Civil Practice and Remedies Code, which authorizes interlocutory appeals of motions for summary judgment based on official immunity. The court of appeals concluded that because the City could not rely on the officer's official immunity, section 51.014(5) did not confer jurisdiction over the interlocutory appeal. Consequently, the court of appeals did not reach the merits of the City's appeal.

Section 51.014(5) authorizes interlocutory appeals for claims "based on an assertion of immunity by an individual. . . ." The City's motion for summary judgment was clearly "based on" official immunity within the meaning of section 51.014(5). Whether the claim of official immunity was valid should have been decided on the merits. Further, this Court's decision in DeWitt v. Harris County, 904 S.W.2d 650, clarifies that a city can rely on the official immunity of its employees and agents. Pursuant to Rule 170 of the Texas Rules of Appellate Procedure, a majority of the Court, without hearing oral argument, grants the application for writ of error, reverses the decision of the court of appeals and remands the case to the court of appeals for further proceedings consistent with this opinion.

Summaries of

City of Beverly Hills v. Guevara

Supreme Court of Texas
Sep 14, 1995
904 S.W.2d 655 (Tex. 1995)

holding city's interlocutory appeal authorized even though plaintiff did not sue employee

Summary of this case from City of Houston v. Giron

holding that city could appeal denial of its summary-judgment motion under section 51.014, even though its employee did not file any summary-judgment motion, because the city sought dismissal based on the employee's official immunity

Summary of this case from City of Webster v. Myers

holding that city could appeal denial of its summary-judgment motion under section 51.014, even though its employee did not file any summary-judgment motion, because the city sought dismissal based on the employee's official immunity

Summary of this case from City of Webster v. Myers

holding official immunity may be asserted by a government unit under the Texas Tort Claims Act even if the governmental employee is not named as a party to the suit

Summary of this case from Denton County v. Johnson

relying on the reasoning of DeWitt v. Harris Cnty., 904 S.W.2d 650, 654 (Tex.1995)

Summary of this case from William Marsh Rice Univ. & Gary Spears v. Refaey

relying on the reasoning of DeWitt, 904 S.W.2d at 654

Summary of this case from William Marsh Rice Univ. v. Thomas

In Guevara, the Supreme Court permitted a governmental entity to appeal under section 51.014(a)(5) the denial of a summary judgment motion grounded on official immunity when the alleged tortfeasor, a police officer, was not sued in his individual capacity.

Summary of this case from Harwell v. Shrieve

In Guevara, the Texas Supreme Court held that a local government may appeal under section 51.014(5) "`based on an assertion of immunity by'" its employee because a local government is not liable under the Tort Claims Act if its employee has official immunity.

Summary of this case from Bexar County v. Giroux-Daniel
Case details for

City of Beverly Hills v. Guevara

Case Details

Full title:CITY OF BEVERLY HILLS, Texas, Petitioner, v. David GUEVARA, Respondent

Court:Supreme Court of Texas

Date published: Sep 14, 1995

Citations

904 S.W.2d 655 (Tex. 1995)

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