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STATE v. NEW

No. 2-04-199-CV.

159 S.W.3d 232 (2005)

STATE of Texas, Appellant, v. Alton G. NEW, Appellee.

Court of Appeals of Texas, Fort Worth.

February 17, 2005.

Attorney(s) appearing for the Case

Greg Abbot, Attorney General of Texas, Barry R. McBee, Edward D. Burbach, Grady Click and Hector J. Flores, Assistant Attorneys General, Austin, for appellant.

Norman Darwin, Fort Worth, for appellee.

PANEL B: LIVINGSTON, DAUPHINOT, and McCOY, JJ.

OPINION

LEE ANN DAUPHINOT, Justice.

The State of Texas, Appellant, appeals the trial court's judgment holding that as a matter of law Appellee Alton G. New's retirement benefits received are not post-injury earnings (PIE). Because we also hold that as a matter of law New's retirement benefits are not PIE, we affirm the trial court's judgment.

BRIEF FACTS

On March 2, 2000, after more than fifteen...

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