Third Court of Appeals Civil Update July/August 2023

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The following are summaries of selected civil opinions issued by the Third Court of Appeals during May 2023. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of June 5, 2023.

ADMINISTRATIVE LAW: COURT REVERSES JUDGMENT ON IMMUNITY GROUNDS.

Texas Educ. Agency v. Devereux Tex. League City, No. 03-22-00172-CV (Tex. App.—Austin May 10, 2023, no pet. h.) (mem. op.). Devereux operated a nonpublic residential-placement facility for disabled students. After an investigation, TEA revoked Devereux’s approval for contracting. Devereux sued, claiming a violation of its due-process rights. The trial court denied TEA’s plea to the jurisdiction. The court of appeals noted that immunity bars only viable causes of action. The court rejected Devereux’s argument that it had a vested interest in TEA approval. A constitutionally protected property interest…