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TEXAS DEPT. OF MENTAL HEALTH v. RODRIGUEZ

No. 04-99-00603-CV.

63 S.W.3d 475 (2001)

TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION, Appellant, v. Diana RODRIGUEZ, Appellee.

Court of Appeals of Texas, San Antonio.

October 31, 2001.

Attorney(s) appearing for the Case

Robert B. O'Keefe, Asst. Atty. Gen., Austin, for appellant.

Bruce J. Mery, Law Office of Bruce J. Mery, San Antonio, Karl E. Hays, Law Office of Edwin J. (Ted) Terry, Jr., Austin, for appellee.

Sitting: HARDBERGER, Chief Justice, DUNCAN, Justice (concurring in the judgment only), and ANGELINI, Justice.

The motion for rehearing en banc filed by Diana Rodriguez on May 30, 2001, is granted. The panel's opinions and judgment of May 16, 2001, are withdrawn, and these opinions and judgment are substituted.

ANGELINI, Justice.

The Texas Department of Mental Health and Mental Retardation of the State of Texas ("MHMR") appeals a judgment awarding damages to Diana Rodriguez ("Rodriguez") in a whistle blower action. MHMR asserts six points of error, contending...

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