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CITY OF ATHENS v. MacAVOY

No. 12-10-00259-CV.

353 S.W.3d 905 (2011)

CITY OF ATHENS, Texas, Appellant, v. James MacAVOY, Appellee.

Court of Appeals of Texas, Tyler.

June 30, 2011.

Attorney(s) appearing for the Case

Julia J. Gannaway , Lubbock, Bettye Lynn , Fort Worth, Conor G. Bateman , for Appellant.

Christopher D. Livingston , for Appellee.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.

OPINION

BRIAN T. HOYLE, Justice.

The City of Athens appeals from the trial court's order granting James MacAvoy's motion for summary judgment, which had the effect of reinstating him as a police officer with the City. In two issues, the City argues that a hearing examiner exceeded his jurisdiction by reinstating the officer on the basis of a procedural defect in the disciplinary process. We reverse and remand.

BACKGROUND

The...

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