Texas Court of Appeals, 8th District (El Paso) January 30, 2003, 08-02-00087-CV (Goerlitz v. City of Midland)

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OPINION

DAVID WELLINGTON CHEW, Justice.

The opinion dated December 12, 2002 is hereby withdrawn and the following opinion is substituted.

Appellant Roger Goerlitz d/b/a American Wood Waste Recycling appeals from the trial court’s granting of a plea to the jurisdiction and dismissal of the case for want of jurisdiction in favor of Appellee, the City of Midland, Texas.