# the University of Texas Medical Branch at Galveston D/B/A John Sealy Hospital ("UTMB") v. Kevin Barrett, M.D.

> Texas Court of Appeals, 14th District (Houston) · July 31, 2003 · 112 S.W.3d 815

URL: https://www.frixlaw.com/law-library/cases/9811899

## Case

- **Full name:** The UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON D/B/A John Sealy Hospital (“UTMB”), Appellant, v. Kevin BARRETT, M.D., Appellee
- **Court:** Texas Court of Appeals, 14th District (Houston)
- **Decided:** July 31, 2003
- **Citations:** 112 S.W.3d 815; 2003 Tex. App. LEXIS 6700
- **Precedential status:** Published
- **Opinion:** Dissent by Yates
- **Judges:** Brister, Hudson, Fowler, Edelman, Frost, Guzman, Anderson, Seymore, Yates
- **Cited by:** 22 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9811899

## How later opinions describe it (automated extraction)

- reasoning that "Because [Whistleblower plaintiff] alleged a violation and sought relief allowed by the Act, sovereign immunity was waived."
- stating that in construing a statute, courts may consider other statutes on the same or similar subject
- noting that purpose is to encourage parties to resolve disputes without litigation
- recognizing purpose of amendment

## Opinion text

LESLIE BROCK YATES, Justice,
dissenting on Rehearing En Banc.
For the reasons expressed in Texas Southern University v. Carter, 84 S.W.3d 787 (Tex.App.-Houston [1st Dist.] 2002, no pet.) and in City of San Antonio v. Marin, 19 S.W.3d 438 (Tex.App.-San Antonio 2000, no pet.), I respectfully disagree with the majority’s conclusion that the statutory prerequisites for filing suit under the Whistleblower Act are not jurisdictional.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9811899. Public record. Not legal advice.