City of San Antonio, Petitioner v. Mark Hartman, Independent Executor of the Estate of Donna O’bar, Deceased and On…

Summary

The Texas Supreme Court held that a motion for rehearing en banc qualifies as a rehearing under Rule 53.7, making the City’s petition for review timely, and that the emergency exception of the Texas Tort Claims Act applies to the 1998 flood, granting the City immunity and resulting in dismissal of the suit. Accordingly, the Court reversed the Court of Appeals and entered judgment for the City.