HILL v. BOARD OF TRUSTEES, RETIRE. SYSTEM

No. 03-00-00276-CV.

40 S.W.3d 676 (2001)

Samuel HILL, Appellant, v. THE BOARD OF TRUSTEES OF THE RETIREMENT SYSTEM OF TEXAS and Group Health and Life Insurance Company, Appellees.

Court of Appeals of Texas, Austin.

February 28, 2001.


Attorney(s) appearing for the Case

Robert W. Musemeche, Law Office of Robert W. Musemeche, P.C., Houston, for appellant.

Andrew F. MacRae, Hull Henricks and MacRae, L.L.P., Austin, for the Group Health and Life Ins. Co.

Raymond C. Winter, Asst. Atty. Gen., Austin, for Board of Trustees of the Reirement System.

Before Justices KIDD, YEAKEL and JONES.


KIDD, Justice.

We must determine whether Samuel Hill exhausted his administrative remedies sufficient to confer jurisdiction on the district court to consider his petition for judicial review. The Employees Retirement System of Texas ("ERS") challenged the sufficiency of Hill's motion for rehearing filed before the agency. Because we conclude that the specificity of a motion for rehearing is not jurisdictional, we reverse the trial court's order of dismissal for want...

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