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KELLUM v. TEXAS WORKFORCE COM'N

No. 05-05-00718-CV.

188 S.W.3d 411 (2006)

Syl G. KELLUM, Appellant v. TEXAS WORKFORCE COMMISSION and Danone Waters of North America, Inc., Appellees.

Court of Appeals of Texas, Dallas.

March 29, 2006.

Attorney(s) appearing for the Case

Roger L. Gette, Legal Services of North Texas, Dallas, for Appellant.

Allison V. Eberhart, Seyfarth Shaw, LLP, Houston, Anthony Aterno, Asst. Atty. Gen., Austin, for Appellee.

Before Justices MORRIS, BRIDGES, and FRANCIS.

OPINION

Opinion by Justice MORRIS.

In this appeal from a summary judgment, Syl G. Kellum contends the trial court erred in affirming the Texas Workforce Commission's decision to deny him unemployment benefits. Kellum argues the TWC's finding that he committed misconduct is not supported by substantial evidence. Kellum further argues that the finding of misconduct cannot be supported by a theory that was never considered by the TWC. After reviewing the record...

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