This suit was dismissed as a "matter of law" by defendants' claim that the State District Trial Court did not have jurisidiction to hear a citizen's claim against the State and never went to trial before a jury. Therefore, it is not neccessary that you read the Plaintiff's Original or 1st Amended Original Petition to understand this case on appeal. Two pretrial hearings were held at the District Trial Court, on motions by GBRA (State) - "Special Exceptions" and "Plea to the Jurisdiction." Both motions were based upon Defendants' claim of "want of jurisdiction" by the District Trial Court Judge. Avery (Plaintiff) survived the first hearing on Special Exceptions by default when GBRA failed to appear. The Plea to the Jurisdiction was granted after the second hearing. Therefore the whole appeal is based upon whether the State has "absolute sovereign immunity" to intentionally kill the citizens and steal and destroy all their property of every kind without judicial recourse unless waived by statute (Texas Tort Claims Act of 1969) or by Congressional Resolution obtained prior to filing suit. This is ancient monarchial common law that is repugnant to the present Texas Constitution and unlawful under Art 1 Sec 2, 13, 17, 19 and 29 of the "Texas Bill of Rights" and Art 2 Sec 1 and Art 16 Sec 48. The State does not have a scintilla of "absolute sovereign immunity" to waive or assert in any degree. But the 4th Court of Appeals answered, "We decline Avery's invitation to judicially abrogate the doctrine of sovereign immunity." (Click on number 37 4th COURT OF APPEALS MEMORANDUM OPINION & JUDGMENT in left navigation bar to read that ruling) You will learn the amazing truth faster and better if you start reading at number 37 on down the left navigation bar.

The Property Owner (sovereign citizen), Ron Avery, Seguin, Texas.

For a short summary of the importance of this case to every citizen in Texas click number 17 in the right navigation bar with this addition only that sovereign immunity came to Texas not by statute or constitutional law but by judicial rulings in defiance of all constitutional law in Hosner v. DeYoung (Supreme Court of Texas 1847) without the court citing a single source for their ruling but it has since been the basis of the dismissal of thousands of cases against the "State of Texas." The said court ruled that "the state may not be sued without its permission."

This falacious unsupported ruling was immediately contradicted by the same Supreme Court in McMullen v. Hodge 1849 where they ruled that "nothing can be presumed against the rights, liberties and possessions of the sovereign citizens without a direct, explicit affirmative declaration of such intent in the fundamental law, i.e., Constitution." And for this the same court cited the Texas Constitution. This language was again quoted in the Dickson v. Strickland 1924 Supreme Court case but with much more detail citing Art 1 Sec 2 and Art 16 Sec 48 showing that the state does not possess sovereign immunity to harm the citizens of Texas and any Legislative Act or statute like the Texas Tort Claims Act and its codification under chapters 101 - 111 of the Texas Civil Practice and Remedies Code is null and void as if never written.

The result of the Avery v. GBRA case is that the "State of Texas" has been dissolved by the Supreme Court of Texas abrogating its authority and power to the Texas Legislature in violation of Art 2 Sec 1 to determine when and if someone can sue the state in violation of Art 1 Sec 13. John Locke said in his Second Treatise of Government 1689 upon which our state and nation was constructed, according to Thomas Jefferson, that one of the five ways of dissolving a government was usurpation of power that belonged to another. In this case it is shown abundantly clear that not only the Judiciary of Texas abrogated its power to the Legislature to save tax dollars that would go to repair citizens injured by the State but also the Judiciary and Legislature conspired together against the citizens of Texas to steal their lives, liberties and property in violation of Art 1 Sec 2, 13, 17, 19 and 29 and Art 2 Sec 1 and Art 16 Sec 48 (Seven major violations of the Texas Constitution) Therefore, it is clear that the "State of Texas" does not lawfully exist and all their police power can be resisted with force if necessary according to Locke and the Christian fundamentals of Government.