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Johnson v. Liberty County

Court of Appeals of Texas, Ninth District, Beaumont
May 6, 2004
No. 09-03-438 CV (Tex. App. May. 6, 2004)

Opinion

No. 09-03-438 CV.

Submitted on April 26, 2004.

Opinion Delivered May 6, 2004.

On Appeal from the 253rd District Court Liberty County, Texas Trial Cause No. 53,995.

Affirmed.

John Edward Maher, Houston, TX, and Gary C. Franks, Sugar Land, TX, for appellants.

Frank D. Calvert, Spain, Calvert Eave, Beaumont, TX, for appellees,

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.


MEMORANDUM OPINION


Esther Johnson and Reuben Johnson, acting in their individual capacities and as next friends of Ansley Bogney, a minor, and as representatives of the Estate of Stephanie Lyon, sued Liberty County and Liberty County Sheriff's Department for negligence and gross negligence. Their petition alleged that Stephanie Lyon drove to the fairgrounds where her husband, Billy Marcus Lyon, was engaged in a work release program, that Billy Marcus Lyon escaped from custody and rode with Stephanie Lyon to a distant location, where he shot and killed her. The Johnsons alleged that the defendants' negligent conduct in supervising inmates and county employees proximately caused the death of Stephanie Lyon. Liberty County and Liberty County Sheriff's Department filed a motion for summary judgment, no-evidence motion for summary judgment, and plea to the jurisdiction. The motion alleged that the plaintiffs failed to meet the notice requirements of the Tort Claims Act, asserted sovereign immunity, and argued that a claim against the Sheriff's Department could not be maintained because the department is a subdivision of the county and not a distinct legal entity. The trial court granted the plea to the jurisdiction and dismissed the case. The plaintiffs filed notice of appeal.

A clerk's record and a reporter's record were duly filed in the appellate record. The appeal was submitted without briefs after the appellants failed to file their brief by the March 10, 2004 due date for their final extension. See Tex.R.App.P. 38.8(a)(2). The appellants did not request any more extensions and never filed a brief. See Tex.R.App.P. 38.6(d). On April 5, 2004, we notified the parties that the appeal would be advanced without oral argument. See TEX. R. APP. P. 39.9.

We have reviewed the record pertaining to the plea to the jurisdiction for fundamental error, and find none. The judgment of the trial court is affirmed.


Summaries of

Johnson v. Liberty County

Court of Appeals of Texas, Ninth District, Beaumont
May 6, 2004
No. 09-03-438 CV (Tex. App. May. 6, 2004)
Case details for

Johnson v. Liberty County

Case Details

Full title:ESTHER JOHNSON AND REUBEN JOHNSON, INDIVIDUALLY AND AS NEXT FRIENDS OF…

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: May 6, 2004

Citations

No. 09-03-438 CV (Tex. App. May. 6, 2004)