Opinion
No. 09-09-00099-CV
Opinion Delivered March 19, 2009.
Original Proceeding.
Before GAULTNEY, KREGER, and HORTON, JJ.
MEMORANDUM OPINION
In this mandamus proceeding, Paul Doug Smith contends the immunity created by the Civil Practice and Remedies Code for the use of deadly force deprived the trial court of subject matter jurisdiction over the suit filed by the widow of a person Smith shot on Smith's premises. While Smith argues that a person covered by section 83.001 is immune from suit, the statute relied upon by the relator provides immunity from liability. See Tex. Civ. Prac. Rem. Code Ann. § 83.001 (Vernon Supp. 2008); see, e.g., State v. Shumake, 199 S.W.3d 279, 288 (Tex. 2006) ("The recreational use statute limits the state's liability for premises defects, but its effect is not to reinstate the state's immunity from suit."); Tex. Dep't of Parks Wildlife v. Miranda, 133 S.W.3d 217, 224 (Tex. 2004) ("Immunity from liability is an affirmative defense, while immunity from suit deprives a court of subject matter jurisdiction."). Relator does not demonstrate that he is entitled to the relief he seeks in his petition. Accordingly, we deny the petition for writ of mandamus.
PETITION DENIED.