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TEXAS UNDERGROUND, INC. v. TEXAS WORKFORCE

No. 05-09-00654-CV.

335 S.W.3d 670 (2011)

TEXAS UNDERGROUND, INC., Appellant, v. TEXAS WORKFORCE COMMISSION and Jerry Sonnier, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Overruled April 13, 2011.

Attorney(s) appearing for the Case

Victor R. Schindler , Conroe, for Appellant.

Anthony Aterno , Office of Atty. Gen., Austin, for Appellee.

Before Justices FITZGERALD, MURPHY, and FILLMORE.

OPINION

Opinion By Justice MURPHY.

This appeal arises out of Texas Underground, Inc.'s suit for judicial review of a decision by the Texas Workforce Commission (TWC) ordering Texas Underground to pay commissions to its former employee, Jerry Sonnier. The TWC filed a motion to dismiss Texas Underground's suit because Texas Underground failed to exercise diligence in serving process. The trial court granted the TWC's motion and dismissed the suit for lack...

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