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TEXAS DEPT. OF PUBLIC SAFETY v. TANNER

No. 04-95-00389-CV.

928 S.W.2d 731 (1996)

TEXAS DEPARTMENT OF PUBLIC SAFETY and David Hullum, In His Individual Capacity, Appellants, v. David TANNER and Mary Schermerhorn, Individually, and Van Horn, Inc. a/k/a World of Products Cooperative and d/b/a Schermerhorn's, Appellees.

Court of Appeals of Texas, San Antonio.

August 21, 1996.

Attorney(s) appearing for the Case

Susan E. Werner, Assistant Attorney General, Austin, for Appellant.

Jacqueline Lucci, Benson Musslewhite, Andrew S. Pikoff, Houston, for Appellee.

Before HARDBERGER, GREEN and DUNCAN, JJ.

HARDBERGER, Justice.

This interlocutory appeal arises from the trial court's denial of summary judgment based on official immunity. Appellees sued the appellants, the Texas Department of Public Safety (DPS) and its employee, Sgt. David Hullum, for investigating their business practices. Hullum and DPS moved for summary judgment on the basis of official immunity; and, in two points of error, they contend the trial court erred in denying their motion. We affirm.

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