Supreme Court of Texas

In an action challenging a police department's failure to notify a suspended police officer that taking an appeal to a hearing examiner would limit his ability to seek further review with a trial court, summary judgment for Plaintiff is reversed where the pre-appeal notice provision was not jurisdictional, and thus the hearing examiner had jurisdiction to hear Plaintiff's appeal.

Appellate Information

• Argued 12/11/2008
• Decided 06/19/2009
• Published 06/19/2009

Judges

• Justice GREEN delivered the opinion of the Court.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Peter G. Smith, Amber L. Slayton, Braden Ward Metcalf, Nichols Jackson Dillard Hager & Smith, LLP, Dallas, TX, for Petitioner.


• For Appellees:
  
• Lance Franklin Wyatt, Attorney At Law, Arlington, TX, Rhonda Elaine Cates, Law Office of Rhonda E. Cates, PLLC, Garland, TX, Randy Doubrava, Texas Municipal Police Assn., Austin, TX, for Respondent.