Counting to 13

The panel in CKJ Trucking v. City of Honey Grove found a waiver of sovereign immunity in an unusual fact situation involving an off-duty police officer. The Fifth Court considered whether to take the matter en banc, and it appears to have fallen short by one vote. the Court’s five Republicans joined a dissent by Justice Reichek; three of whom dissented yet more in an additional opinion. No. 05-18-00205-CV (July 23, 2019 (panel), August 22, 2019 (en banc opinions).