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Kent Scribner and Fort Worth Independent School District AND Jason Smith, Individually and as Next Friend of S.S. v. Jennifer Treger, for Herself and as Next Friend of M.T. and T.T. Todd Daniel, for Himself and as Next Friend of His Minor Children Jane Doe, for Herself and as Next Friend of Her Minor Children Kerri Rehmeyer, for Herself and as Next Friend of Her Minor Children
02-21-00277-CV
| Tex. App. | Mar 10, 2022
|
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Case Information

*1 In the

Court of Appeals Second Appellate District of Texas

at Fort Worth

No. 02-21-00277-CV K ENT S CRIBNER AND F ORT W ORTH § On Appeal from the 141st District I NDEPENDENT S CHOOL D ISTRICT , Court

Appellants

V .

J ENNIFER T REGER , FOR HERSELF AND

AS NEXT FRIEND OF M.T. AND T.T.;

T ODD D ANIEL , FOR HIMSELF AND AS

NEXT FRIEND OF HIS MINOR

CHILDREN ; J ANE D OE , FOR HERSELF § of Tarrant County (141-327449-21)

AND AS NEXT FRIEND OF HER MINOR CHILDREN ; AND K ERRI R EHMEYER ,

FOR HERSELF AND AS NEXT FRIEND OF

HER MINOR CHILDREN , Appellees

AND

J ASON S MITH , I NDIVIDUALLY AND AS

N EXT F RIEND OF S.S., Appellant

V . § March 10, 2022 J ENNIFER T REGER , FOR HERSELF AND

AS NEXT FRIEND OF M.T. AND T.T.;

T ODD D ANIEL , FOR HIMSELF AND AS

NEXT FRIEND OF HIS MINOR

CHILDREN ; J ANE D OE , FOR HERSELF

AND AS NEXT FRIEND OF HER MINOR

CHILDREN ; AND K ERRI R EHMEYER , § Memorandum Opinion by Justice

FOR HERSELF AND AS NEXT FRIEND OF HER MINOR CHILDREN , Appellees Bassel

JUDGMENT

This court has considered the record on appeal in this case and holds that there was error in the trial court’s order. We affirm the portion of the trial court’s order that denied the District Appellants’ plea to the jurisdiction as to Appellees’ TOMA claim. We reverse the portion of the trial court’s order that denied the District Appellants’ plea to the jurisdiction as to Appellees’ UDJA claim. Accordingly, we vacate our September 13, 2021 order that reinstated the trial court’s September 3, 2021 temporary-injunction order, and we dissolve the trial court’s September 3, 2021 temporary-injunction order. The case is remanded to the trial court for further proceedings consistent with this opinion.

It is further ordered that Appellees shall pay half of the costs of this appeal, and Appellants Kent Scribner and Fort Worth Independent School District shall pay half of the costs of this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS By /s/ Dabney Bassel Justice Dabney Bassel

Case Details

Case Name: Kent Scribner and Fort Worth Independent School District AND Jason Smith, Individually and as Next Friend of S.S. v. Jennifer Treger, for Herself and as Next Friend of M.T. and T.T. Todd Daniel, for Himself and as Next Friend of His Minor Children Jane Doe, for Herself and as Next Friend of Her Minor Children Kerri Rehmeyer, for Herself and as Next Friend of Her Minor Children
Court Name: Court of Appeals of Texas
Date Published: Mar 10, 2022
Docket Number: 02-21-00277-CV
Court Abbreviation: Tex. App.
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