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MENDIOLA v. CITY OF LAREDO

No. 04-07-00279-CV.

239 S.W.3d 344 (2007)

Ruben MENDIOLA, Jr.; Juan C. Jalomo; and Xavier E. Villela, Appellants, v. The CITY OF LAREDO, Appellee.

Court of Appeals of Texas, San Antonio.

September 12, 2007.

Attorney(s) appearing for the Case

B. Craig Deats, Deats Durst Owen & Levy, P.L.L.C., Austin, for appellants.

Anthony C. McGettrick, Acting City Atty., Jerry Bruce Cain, Asst. City Atty., Laredo, for appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.

OPINION

Opinion by SANDEE BRYAN MARION, Justice.

The sole focus of the underlying lawsuit was whether the promotion of Hector E. Benavides to the rank of fire captain, done on October 25, 2005, but made effective on February 20, 2005, created as a matter of law a vacancy in the rank of fire driver on February 20, 2005. If the vacancy occurred as a matter of law on October 25, 2005, then the trial court properly rendered summary judgment dismissing appellants...

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