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Porter Municipal Utility District and Ronald Wayne Lee v. Katrina Thornton Moore

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MEMORANDUMOPINION

Katrina Thornton Moore sued Porter Municipal Utility District and its employee Ronald Wayne Lee for negligence arising out of a motor vehicle accident. The defendants answered and filed a traditional and no-evidence motion for summary judgment. The trial court denied the motion, and the District and Lee filed this interlocutory appeal. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(5),(8) (West 2008).

By statute, the claimant‟s provision of notice is a jurisdictional requirement in a suit against a governmental entity. See id. § 101.101 (West 2011); Tex. Gov‟t Code Ann. § 311.034 (West Supp. 2010); Univ. of Tex. Sw. Med. Ctr. at Dallas v. Estate of Arancibia, 324 S.W.3d 544, 548 (Tex. 2010). A party may bring an interlocutory appeal from a refusal to dismiss for want of jurisdiction. Tex. Dep’t of Criminal Justice v. Simons, 140 S.W.3d 338, 349 (Tex. 2004).

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