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Terrell v. TEXAS SERENITY ACADEMY, INC.
Citations: 290 S.W.3d 424; 2009 Tex. App. LEXIS 3696; 2009 WL 1416104Docket: 14-08-00484-CV
Court: Court of Appeals of Texas; May 21, 2009; Texas; State Appellate Court
The Court of Appeals of Texas dismissed the interlocutory appeal filed by appellants James Michael Terrell, Roy Wright, and Terrell Associates, L.L.C. against appellees Texas Serenity Academy, Inc., Don R. Johnson, and Hagemon Simmons. The appellants sought payment for construction and repair work on Texas Serenity Academy's building. Appellees filed a plea to the jurisdiction, claiming immunity, which the trial court granted. The appellants attempted to appeal this decision under Texas Civil Practice and Remedies Code section 51.014(a)(8), which allows appeals from interlocutory orders regarding pleas to the jurisdiction by governmental units. However, the court referenced the Dallas Court of Appeals ruling in LTTS Charter School, Inc. v. C2 Construction, Inc., which determined that a charter school does not qualify as a governmental unit. Consequently, the court expressed its lack of jurisdiction over the appeal, having not received any responses from the parties to contest this finding. The appeal was therefore dismissed, and the court did not address the merits of the trial court's decision on the plea to the jurisdiction.