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TEXAS DEPT. OF PUBLIC SAFETY v. GONZALES

No. 04-07-00702-CV.

276 S.W.3d 88 (2008)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Nelson Aguirre GONZALES, Appellee.

Court of Appeals of Texas, San Antonio.

October 22, 2008.

Attorney(s) appearing for the Case

Kevin M. Givens, Texas Department of Public Safety, Supervising Attorney, ALR Appeals, Tamara R. Wilcox, Texas Department of Public Safety, Staff Attorney, ALR Appellate Section, Austin, TX, for Appellant.

David E. Dilley, Jr., Law Office of David E. Dilley, P.L.L.C., San Antonio, TX, for Appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice.

OPINION

Opinion by: PHYLIS J. SPEEDLIN, Justice.

OPINION ON APPELLANT'S MOTION FOR REHEARING

The motion for rehearing filed by appellant, Texas Department of Public Safety, is denied. This court's opinion and judgment dated August 20, 2008, are withdrawn, and this opinion and judgment are substituted.

The Texas Department of Public Safety (DPS) appeals from the trial court's judgment reversing an administrative order that suspended Nelson...

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