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TEXAS DEPT. OF PUBLIC SAFETY v. LAVENDER

No. 10-95-264-CV.

935 S.W.2d 925 (1996)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Grover Lee LAVENDER, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled January 22, 1997.

Attorney(s) appearing for the Case

Phyllis Waldrep Cranz, Fort Worth, for appellant.

Harry L. (Buzz) Dulick, Hammond & Dulick, Celburne, for appellee.

Before DAVIS, C.J., and CUMMINGS and VANCE, JJ.

OPINION

DAVIS, Chief Justice.

The Texas Department of Public Safety (DPS) appeals from an order reversing a decision by an Administrative Law Judge upholding the suspension of Grover Lavender's driver's license. We first find that we have jurisdiction over DPS's appeal. Next, because Lavender failed to have the administrative record admitted at the appeal hearing in the county court, we conclude that the administrative order must be upheld, and reverse and...

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