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MILLER v. CITY OF HOUSTON

No. 14-08-01018-CV.

309 S.W.3d 681 (2010)

Lt. Kenneth MILLER, Appellant, v. CITY OF HOUSTON and Harold Hurtt, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

March 23, 2010.

Attorney(s) appearing for the Case

Kimbra Kathryn Ogg, R. Scott Poerschke, Houston, for appellant.

Timothy J. Higley, Houston, for appellee.

Panel consists of Chief Justice HEDGES, Justice ANDERSON, and Senior Justice MIRABAL.

OPINION

MARGARET GARNER MIRABAL, Senior Justice (Assigned).

In this case arising from the disciplinary actions taken against a police officer, we are asked if an independent hearing examiner exceeded his jurisdiction in effectively reducing an indefinite suspension to a 92-day suspension. Because the hearing examiner was not authorized to impose a suspension of more than fifteen days, we reverse the trial court's judgment and remand the case.

I...

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