The Fourth Court of Appeals denied Avery's Motion For Rehearing yesterday remaining firm in their position that the state of Texas has absolute sovereign immunity to kill the citizens and steal all that they own except where they waive such immunity as they did in the Texas Tort Claims Act of 1969.

Avery gave the all woman 4^th Court of Appeals a chance to rally around a supreme court ruling in 1924 that gave women the right to run for governor and hold that public office in Texas. Dickson v. Strickland also stated that the citizens of Texas are sovereign and created Texas for their benefit and have at all times the power and authority to destroy the state of Texas if they so choose. The 1924 court said this was stated at Art 1 Sec 2 of the Constitution and that nothing against the rights of the citizen could be "presumed," but must be explicitly declared in the Constitution.

This same 1924 case overturned three statutes made by the legislature that prevented women from running for governor because male dominance was "repugnant" common law that was not in effect in Texas. But absolute sovereign immunity is a presumption made by the state and initiated in another supreme court decision of 1847. This court said that the citizen could not sue the state in its own court without permission and in the manner specified in that permission. This ruling was made without citation to any authority in constitutional provisions, case or common law, or statute.

Therefore, Avery will ask the supreme court of Texas to finally decide the following questions:

1. Who is sovereign in Texas, the citizen or the state? That is to say, who owns all the lives liberties and possessions of the citizens, the state or the citizens? We all know the answer to this question;
2. If the state does not have absolute sovereign immunity to kill and destroy the citizens how could they acquire it by waiving a portion of that which they do not have in 1969? We all know the answer to this question;
3. If the state of Texas does not have absolute sovereign immunity to kill and destroy the citizens, then the Texas Tort Claims Act and mainly chapters 101-110 of the Texas Civil Practice and Remedy Code are void and incurable from inception. We all know the answer to this question.
4. If one through three above are answered correctly and lawfully, the 4^th Court of Appeals and the 25^th District Trial Court in Seguin, Texas must be overturned and Avery's case remanded for further proceedings and trial.