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TEXAS DEPT. OF PUBLIC SAFETY v. VALDEZ

No. 04-96-00555-CV.

956 S.W.2d 767 (1997)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Michael Anthony VALDEZ, Appellee.

Court of Appeals of Texas, San Antonio.

November 19, 1997.

Attorney(s) appearing for the Case

Floyd M. Akers, Senior Hearing Examiner, Andres Cedillos, Assistant Director of Hearings, San Antonio, Shannon M. Fitzpatrick, Assistant General Counsel, Austin, for Appellant.

Robert A. Valdez, Law Offices of Robert A. Valdez, John J. "Bud" Ritenour, Jr., San Antonio, for Appellee.

Before RICKHOFF, STONE and DUNCAN, JJ.

OPINION

DUNCAN, Justice.

The Texas Department of Public Safety appeals a trial court judgment that vacates an agency order suspending Michael Anthony Valdez's driver's license. The Department argues the trial judge erred in vacating the order in the absence of the agency record, while Valdez argues the trial court acted properly because the Department failed to file the agency record in the trial court by the time his case was called to trial. We agree with...

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