Texas Supreme Court Resolves Jurisdictional Split on Interlocutory Review

In Texas Parks & Wildlife Department v. E.E. Lowrey Realty, Ltd., the Texas Supreme Court resolved a conflict among the courts of appeals over whether an employee of a governmental agency sued in his or her official capacity is entitled to interlocutory review of the denial of a plea to the jurisdiction.  The Court held that the employee is entitled to interlocutory review, and that under the facts of the case, the state governmental entity and its employees sued in their official capacity were protected by sovereign immunity from suit because the Texas Legislature has not waived sovereign immunity for suits for alleged property damage arising from a dangerous condition.

Texas Parks and Wildlife's Brief on the Merits
Texas Supreme Court Opinion