City of Granbury v. Christine Willsey ( 2018 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-17-00343-CV
City of Granbury § From the 355th District Court
§ of Hood County (C2017090)
v.
§ March 15, 2018
Christine Willsey § Opinion by Justice Walker
JUDGMENT
This court has considered the record on appeal in this case and holds that
there was error in part of the trial court’s judgment. It is ordered that the
judgment of the trial court is affirmed in part and reversed in part. We affirm the
trial court’s denial of the portion of the City’s plea to the jurisdiction asserting a
lack of jurisdictional facts to establish that Willsey was not replaced by someone
outside the protected age and gender classes. We reverse the trial court’s denial
of the City’s plea to the jurisdiction challenging the sufficiency of Willsey’s
pleadings to allege every element of a claim under the Texas Commission on
Human Rights Act for age discrimination, gender discrimination, and retaliation,
and we remand this case to the trial court to provide Willsey with the opportunity
to replead these claims and for further proceedings consistent with this opinion.
It is further ordered that all parties shall bear their own costs of this appeal, for
which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By __/s/ Sue Walker___________________
Justice Sue Walker