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CITY OF HARLINGEN v. ALVAREZ

No. 13-03-00169-CV.

204 S.W.3d 452 (2005)

CITY OF HARLINGEN, Appellant, v. Eddie ALVAREZ, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

Opinion Overruling Rehearing November 16, 2006.

Attorney(s) appearing for the Case

Charlie J. Cilfone, Shelton & Valdez, Roger W. Hughes, Scott T. Clark, Admans & Graham, Harlingen, for appellant.

B. Craig Deats, Deats & Levy, P.C., Austin, for appellee.

Before Justices HINOJOSA, YAÑEZ, and CASTILLO.

OPINION

Opinion by Justice HINOJOSA.

Appellant, the City of Harlingen ("the City"), appeals from (1) the trial court's order denying its plea to the jurisdiction and (2) judgment denying its motion for summary judgment and granting the motion for summary judgment of appellee, Eddie Alvarez. We reverse the trial court's judgment, render in part, and remand in part.

A. FACTUAL BACKGROUND

On March 6, 2001, J.L. Garcia was "indefinitely suspended...

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