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TEXAS DEPT. OF PUBLIC SAFETY v. STEELE

No. 09-01-035 CV.

56 S.W.3d 352 (2001)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. James Patrick STEELE, Appellee.

Court of Appeals of Texas, Beaumont.

Decided September 27, 2001.

Attorney(s) appearing for the Case

Philip L. Cline, Texas Dept. of Public Safety, Austin, for appellant.

James Patrick Steele, Kirbyville, for appellee.

Before WALKER, C.J., BURGESS and GAULTNEY, JJ.

OPINION

WALKER, Chief Justice.

The Texas Department of Public Safety ("DPS") appeals an order of expunction granted to James Patrick Steele. DPS filed an answer, but failed to appear at the hearing, which was not recorded. No other law enforcement agency answered or appeared. DPS filed a motion for new trial that was overruled by operation of law. DPS timely requested findings of fact and conclusions of law, and duly reminded the trial court, but no findings...

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