TEXAS DEPT. OF PUBLIC SAFETY v. O'DONNELL

No. 2-97-380-CV.

998 S.W.2d 650 (1999)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Donna Gail O'DONNELL, Appellee.

Court of Appeals of Texas, Fort Worth.

Publication Ordered July 29, 1999.


Attorney(s) appearing for the Case

Janette Lorie Ansolabehere, Asst. Atty. Gen., Texas Department of Public Safety, Austin, Monica Branch, Asst. Atty. Gen., Phyllis Waldrep Cranz, Hearings Atty., Texas Dept. of Public Safety, Fort Worth, Todd Durden, County Atty., Decatur, for appellant.

Ken Mahaffey, Austin, Brock Smith, Decatur, for appellee.

Panel A: CAYCE, C.J.; DAY and RICHARDS, JJ.


OPINION ON REHEARING

DAVID L. RICHARDS, Justice.

Introduction

We withdraw our opinion and judgment of December 17, 1998, and substitute the following judgment and opinion in their place. We deny O'Donnell's motion for rehearing.

The Texas Department of Public Safety ("DPS") appeals a county court at law ruling reversing an administrative law judge's ("ALJ") decision to uphold the suspension of Donna Gail O'Donnell's driver's license. In...

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