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TEXAS DEPT. OF PUBLIC SAFETY v. MARTINEZ

No. 13-89-356-CV.

803 S.W.2d 815 (1991)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Edward Dimas MARTINEZ, Appellee.

Court of Appeals of Texas, Corpus Christi.

January 24, 1991.

Attorney(s) appearing for the Case

Luis V. Saenz, County Crim. Dist. Atty. and Rene B. Gonzalez, Asst. County Atty., Brownsville, for appellant.

Ernesto Gonzales, Harlingen, for appellee.

Before NYE, C.J., and SEERDEN and KEYS, JJ.

OPINION

SEERDEN, Justice.

This is an appeal by the Texas Department of Public Safety (DPS) from a summary judgment granted in favor of Edward Dimas Martinez in a driver's license suspension proceeding under Tex.Rev.Civ.Stat. Ann. art. 6701/-5 § 2 (Vernon Supp.1991). By its sole point of error, DPS complains that the trial court erred in granting summary judgment because a genuine issue of material fact exists concerning whether it requested a hearing...

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