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MONTEMAYOR v. CITY OF SAN ANTONIO FIRE DEPT.

No. 04-98-00218-CV.

985 S.W.2d 549 (1998)

Gina Marie MONTEMAYOR, Appellant, v. CITY OF SAN ANTONIO FIRE DEPARTMENT; Fire Chief Robert Ojeda, Alexander E. Briseno, City Manager for City of San Antonio, Texas; and City of San Antonio, Texas, Appellees.

Court of Appeals of Texas, San Antonio.

December 23, 1998.

Attorney(s) appearing for the Case

Jack Paul Leon, John F. Carroll, Leon, Amberson & Carroll, L.L.P., San Antonio, for Appellant.

Lowell F. Denton, Susan C. Rocha, Regina Bacon Criswell, Denton, McKamie & Navarro, P.C., San Antonio, for Appellees.

Before ALMA L. LÓPEZ, Justice, PAUL W. GREEN, Justice and SARAH B. DUNCAN, Justice.

OPINION

PAUL W. GREEN, Justice.

This appeal questions whether a fire chief has absolute discretion to terminate a probationary fire fighter. We affirm the trial court's judgment, which holds the fire chief has discretion to discharge probationary fire fighters.

Background

Gina Marie Montemayor passed the fire academy test with a high score. She was also interviewed by a board of three high-ranking...

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