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TEXAS DEPT. OF PUBLIC SAFETY v. KIMBROUGH

No. 2-02-280-CV.

106 S.W.3d 747 (2003)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. James Norris KIMBROUGH, Appellee.

Court of Appeals of Texas, Fort Worth.

April 24, 2003.

Attorney(s) appearing for the Case

Elvis G. Schulze, Appellate Staff Attorney and Kevin M. Givens, Supervisor, ALR Appellate Section, Austin, for appellant.

Brett D. Boone, Fort Worth, for appellee.

Panel F: CAYCE, C.J.; DAUPHINOT and HOLMAN, JJ.

OPINION

JOHN CAYCE, Chief Justice.

The Texas Department of Public Safety (DPS) appeals the trial court's judgment affirming the decision of an administrative law judge (ALJ) that the evidence was insufficient to authorize suspension of James Norris Kimbrough's driver's license. Because we conclude that DPS's substantial rights were prejudiced by the ALJ's erroneous decision to exclude two officers' reports...

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