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POLICE CIVIL SERVICE COM'N v. GUTIERREZ

No. 03-05-00241-CV.

182 S.W.3d 430 (2005)

POLICE CIVIL SERVICE COMMISSION, Appellant, v. Rafael GUTIERREZ, Appellee.

Court of Appeals of Texas, Austin.

December 22, 2005.

Attorney(s) appearing for the Case

Chris Edwards, Asst. City Atty., Austin, for appellant.

William J. Kolb, Law Office of Jamie Balagia, Manor, for appellee.

Before Justices B.A. SMITH, PATTERSON and PEMBERTON.

OPINION

BEA ANN SMITH, Justice.

The Police Civil Service Commission (the Commission) appeals the district court's denial of its plea to the jurisdiction. In this interlocutory appeal, we must determine whether the Commission established that appellee, Rafael Gutierrez, lacked diligence as a matter of law in serving the Commission with citation. We hold that he did not and affirm the district court's denial of the Commission's plea to the jurisdiction...

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